In Pais

Out of court, or without judicial process. Matter in pais is distinguished from matter of record. 2 Bl. Comm. 294. Conveyances were either by matter in pais or deed which was an assurance transacted between two or more private persons out of court, or by matter of record which was an assurance transacted in a court of record. 1 Steph. Comm. 466. Notice in pais is notice given without the intervention of the court. Story, Bailm. § 348. Without writing, by act or conduct, as distinguished from "by deed." Thus, estoppels are said to be by record, by deed, or by matter in pais. See "Estoppel."

This phrase, as applied to a legal transaction, primarily means that It has taken place without legal formalities or proceedings. Thus a widow was said to make a request in pais for her dower when she simply applied to the heir without issuing a writ; Co. Litt. 32 b. So conveyances are divided into those by matter of record and those by matter in pais. In some cases, however, “matters in pais" are opposed not only to “matters of record,” but also to “matters in writing,” i. e. deeds, as where estoppel by deed is distinguished from estoppel by matter in pais; id. 352 a; 4 Kent 260. See Estoppel.

This phrase, a8 applied to a legal transaction, primarily means that it has taken place without legal proceedings. Thus a widow was said Lo make a request in pais for her dower when she simply applied to the heir without issuing a writ. (Co. Litt. 326.) So conveyances are divided into those by matter of record and those by matter in pais. In some cases, however, “mat ters in pais” are opposed not only to “mat. ters of record,” but aiso to “matters in writing,” t. e., deeds, a3 where estoppel by deed is distinguished from estoppel by matter in pats. (Id. 352a.) Sweet.