issue

The word issue is not ex vi termini within the rule in Shelley's case. It depends upon the context whether it will give an estate tail to the ancestor. Issue is either a word of purchase or limitation, as will best effectuate the devisor's intention.

In Real Property Law. Lineal descendants; all persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90. In a will it may be held to have a more restricted meaning, to carry out the testator's intention. 7 Ves. 522; 19 Ves. 73; 1 Rop. Leg. 90; 173 111. 229; 255 111. 357, 358. See "Heirs of the Body." -In Pleading. A single, certain, and material point, deduced by the pleadings of the parties, which is affirmed on the one side, and denied on the other. The entry of the pleadings. 1 Chit. PL 630. Several connected matters of fact may go to make up the point in issue. A collateral issue is one framed upon some matter not directly in the line of the pleadings; as, for example, upon the identity of one who pleads diversity in bar of execution. 4 Bl. Comm. 396. A common issue is that which is formed upon the plea of non est factum, to an action of covenant broken. _ An actual issue is one formed in an action brought in the regular manner, for the purpose of trying a question of right between the parties. _ A feigned issue is one formed in a fictitious action, under direction of the court, for the purpose of trying before a jury some question of fact. Such issues are generally ordered by a court of equity, for which no jury is summoned, to ascertain the truth of some disputed fact. They are also frequently used in courts of law, by the consent of the parthis practice much time and expense are saved in the decision of a cause. 3 Bl. Comm. 452. Suppose, for example, it is desirable to settle a question of the validity of a will in a court of equity. For this purpose an action is brought, in which the plaintiff, by a fiction, declares that he laid a wager for a sum of money with the defendant, for example, that a certain paper is the last will and testament of A., then avers it is his will, and therefore demands the money; the defendant admits the wager, but avers that it is not the will of A.; and thereupon that issue is joined, which is directed out of chancery to be tried; and thus the verdict of the jurors at law determines the fact in the co Urt of equity. The name is a misnomer, inasmuch as the issue itself is upon a real, material point in question between the parties, and the circumstances only are fictitious. It is a contempt of the court in which the action is brought to bring such an action, except under the direction of some court. 4 Term R. 402. (1) A formal issue is one which is framed according to the rules required by law, in an artificial and proper manner. (2) An informal issue is one which arises when a material averment is traversed in an improper or inartificial manner. Bac. Abr. "Pleas" (G 2, N 5); 2 Wm. Saund. 319a, note 6. (3) An issue in fact is one in which the truth of some fact is affirmed and denied. In general, it consists of a direct affirmative allegation on one side, and a direct negative on the other. Co. Litt. 126 a; Bac. Abr. "Pleas" (G 1); 2 W. Bl. 1312; 8 Term R. 278; 5 Pet. (U. S.) 149. But an affirmative allegation which completely excludes the truth of the preceding may be sufficient. 1 Wils. 6; 2 Strange, 1177. Thus, the general issue in a writ of right, called the "mise," is formed by two affirmatives, the demandant claiming a greater right than the tenant, and the tenant a greater than the demandant. 3 Bl. Comm. 195, 305. And in an action of dower, the count merely demands that the third part of [ ] acres of land, etc., as the dower of the demandant of the endowment of A. B., heretofore the husband, etc., and the general issue is that A. B. was not seised of such estate, etc., and that he could not endow the demandant thereof, etc.; which mode of denial, being argumentative, would not, in general, be allowed. 2 Saund. 329. (4) A general issue is one which denies in direct terms the whole declaration; as, for example, where the defendant pleads ml debet, that he owes the plaintiff nothing, or nul disseisin, no disseisin committed. 3 Greenl. Ev. § 9; 3 Bl. Comm. 305. See "General Issue." (5) A special issue is one formed by the defendant's selecting any one substantial point, and resting the weight of his cause (6) A material issue is one properly formed on some material point which will, when decided, decide the question between the parties, (7) An immaterial issue is one formed on some immaterial matter, which, though found by the verdict, will not determine the merits of the cause, and will leave the court at a loss how to give judgment. 2 Wim. Saund. 319, note 6. See "Immaterial Issue." (8) An issue in fact is an issue taken upon ' or consisting of matter of fact, the fact only, and not the law laeing disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co. Litt. 126a; 3 Steph. Comm. 572. (9) An issue in law is an issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580.

In Realty Law. Descendants. All persons who have descended from a common ancestor. 3 Ves, Ch, 257; 19 id. 547; 1 Roper, Leg. 90. In a will it may be held to have a more restricteil meaning, to carry out the testator’s intention; 7 Ves. Ch. 522; 1 Roper, Leg. 90. 2 Wills, Exec. 386, n.; but it has been held that a devise to “Issue” means prirna facie legitimate issue, and an intention to include illegitimates must appear from the will itself without resort to extrinsic evidence; Flora v. Anderson, 67 Fed. 182. See Bac. Abr, Curteay (D), Legatee. If the term be used in the sense of heirs, that is, as comprehending a class to take by inheritance, it is to be interpreted as a term of limitation, and brings the case within the Rule in Shelley’s case; and this is the interpretation that prima facie will bfe given if; Robins v, Quinliven, 79 Pa. 333. It means, prima facie, “heirs of the body”; Stayman v. Paxson, 221 Pa. 446, 70 Atl, 803; but if the context Indicate a different intention, it will be sustained as a word of purchase; 2 Wms. R. P. 603. In a deed it is always taken as a word of purchase; Taylor V. Taylor, 63 Pa. 483, 3 Am. Rep. 565; 4 Term R. 299; 2 Ves. Sr. 681; 2 Wms. R. P. 604. In Pleading. A single, certain, and material point, deduced by the pleadings of the parties, which is affirmed on the one side and denied on the other. The entry of the pleadings. 1 Chitty, PI. 630. Several connected matters of fact may go to make up the point in issue. An actual issue is one formed in an action brought in the regular manner, for the pur- A collateral issue is one framed upon some matter not directly In the line of the pleadings; as, for example, upon the identity of one who pleads diversity in bar of execution. 4 Bla. Com, 396. A common issue is that which is formed upon the plea of non est factum to an action of covenant broken. This is so called because it denies the deed only, and not the breach, and does not put the whole declaration in issue, and because there is no general issue to this form of action. 1 Chitty, PI. 482; Gould, PI. c. 6, pt. 1, § 7. An issue in fact is one in which the truth of some fact is affirmed or denied. In general, it consists of a direct affirmative allegation on one side and a direct negative on the other. Co. Litt. 126 o; Bac. Abr. Pleas (G 1); 2 W. Bla. 1312; Simonton v. Winter, 5 Pet. (U. S.) 149, 8 L. Ed. 75. But an affirmative allegation which completely excludes the truth of the preceding may be sufficient; 1 Wils. 6. Thus, the general issue in a writ of right (called the mise) is formed by two affirmatives; the demandant claiming a greater right than the tenant, and the tenant a greater than the demandant. 3 Bla. Com. 195, 305. And in an action of dower the count merely demands the third part of [ ] acres of land, etc., as the dower of the demandant of the endowment of A B, heretofore the husband, etc., and the general issue is that A B was not seised of such estate, etc., and that he could not endow the demandant thereof, etc.; which mode of denial, being argumentative, would not, in general, be allowed. 2 Saund. 329. A feigned issue is one formed in a fictitious action, under direction of the court, for the purpose of trying before a jury some question of fact. Such Issues are generally ordered by a court of equity, to ascertain the truth of a disputed fact They are also frequently used in courts of law, by the consent of the parties, to determine some disputed rights without the formality of pleading; and by this practice much time and expense are saved in the decision of a cause; 3 Bla. Com. 452. Suppose, for example, it is desirable to settle a question of the validity of a will in a court of equity. For this purpose an action Is brought, in which the plaintiff by a fiction declares Uiat he laid a wager for a sum of money with the defendant, for example, that a certain paper is tt® l®st will and testament of A, then avers it Is his will, and therefore demands the money; the defendant admits the wager, but avers that it is not the will of A; and thereupon that issue is joined, which is directed out of chancery, to be tried; and thus the verdict of the jurors at law determines the fact in the court of equity. A in proceedings to test the title to goods levied upon by the sheriff and claimed by a third party. The name is a misnomer, inasmuch as the issue Itself Is upon a real, material point in question between the parties, and the circumstances only are fictitious. It Is a contempt of the court In which the action is brought to bring such an action, except under the direction of some court; 4 Term 402. A formal issue is one which is framed according to the rules required by law, in an artificial and proper manner. A general issue is one which denies in direct terms the whole declaration: as, for example, where the defendant pleads nil debet (that he owes the plaintiff nothing), or nul disseisin (no disseisin committed). 3 Greenl. Ev. § 9; Steph. PI. 220; 3 Bla. Com. 305. See General Issue. An immaterial issue is one formed on some immaterial matter, which, though found by the verdict, will not determine the merits of the cause, and will leave the court at a loss how to give judgment. 2 Wms. Saund. 319, n. 6. See Immaterial Issue. An informal issue is one which arises when a material allegation is traversed in an improper or inartificial manner. Bac. Abr. Picas (G 2), (N 5); 2 Wms. Saund. 319 a, n. 7. The defect is cured by verdict, by the statute 32 Hen. VIII. c. 30. A material issue is one properly formed on some material point which will, when decided, settle the question between the parties. A special issue is one formed by the defendant’s selecting any one substantial point and resting the weight of his cause upon that. It is contrasted with the general issue. Comyns, Dig. Pleader (R 1, 2).

n. The act of issuing, sending forth, emitting or promulgating; the giving a thing its first inception; as the issue of an order or a writ.

In pleading. The disputed point or ques tion to which the parties in an action have narrowed their several allegations, and upon which they are desirous of obtaining the decision of the proper tribunal. When the plaintiff and defendant have arrived at some specific point or matter affirmed on the one side, and denied on the other, they are said to be at issue. The question se set apart is called the "issue," and is designated, according to its nature, as an "issue in fact" or an "issue in law." Brown. Issues arise upon the pleadings, when a fact or conclusion of law is maintained by the one party and controverted by the other. They are of two kinds;
(1) Of law; and
(2) of fact. Code N. Y. § 248; Rev. Co.de Iowa 1880, § 2737; Code Civ. Proc. Cal. § 588. Issues are classified and distinguished as follows: General and special. The former is a plea which traverses and denies, briefly and in general and summary terms, the whole declaration, indictment, or complaint, without tendering new or special matter. See Steph. PI. 155. McAllister v. State, 94 Md. 290, 50 Atl. 1046; Standard Loan & Acc. Inn. Co. v. Thornton, 97 Tenn. 1, 40 S. W. 136. Examples of the general issue are "not gullty," "non assumpsit," "nil dehet," "non est factum." The latter is formed when the defendant chooses one single material point, which he traverses, and rests his whole case upon its determination. Material and immaterial. They are so described according as they do or do not bring up some material point or question which, when determined by the verdict, will dispose of the whole merits of the case, and leave no uncertainty as to the judgment. Formal and informal. The former species of issue is one framed in strict accordance with the technical rules of pleading. The latter arises when the material allegations of the declaration are traversed, but in an inartificial or untechnical mode. A collateral issue is an issue taken upon matter aside from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as on a demurrer. 2 Archb. Pr. K. B. 1, 6, bk. 2, pts. 1, 2; Strickland v. Maddox, 4 Ga. 394. The term "collateral" is also applied in England to an issue raised upon a plea of diversity of person, pleaded by a criminal who has been tried and convicted, in bar of execution, viz., that he is not the same person who was attainted, and the like. 4 Bl. Comm. 396. Real or feigned,. A real issue is one formed in a regular manner in a regular suit for the purpose of determining an actual controversy. A feigned issue is one made up by direction of the court, upon a supposed case, for the purpose of obtaining the verdict of a jury upon some question of fact collaterally involved in the cause. Common issue is the name given to the issue raised by the plea of non est factum to an action for breach of covenant.

In real law. Descendants. All persons who have descended from a common ancestor. 3 Ves. 257; 17 Ves. 481; 19 Ves. 547; 1 Rop. Leg. 90.

In this sense, the word includes not only a child or children, but ali other descendants in whatever degree; and it is so construed generally in deeds. But, when used in wills, it is, of course, subject to the rule of construction that the intention of the testator, as ascertained from the will, is to have effect, rather than the technical meaning of the language used by him; and hence issue may, in such a connection, be restricted to children, or to descendants living at the death of the testator, where such an intention clearly appears. Abbott.

In business law. A class or series of bonds, debentures, etc., comprising all that are emitted at one and the same time.

— Issne in fact. In pleading. An issue taken upon or consisting of matter of fact, the fact only, and not the law, being disputed, and which is to be tried by a jury. 3 Bl. Comm. 314, 315; Co.. Litt. 126a; 3 Steph. Comm. 572. See Code Civ. Proc. Cal. § 590.

— Issue in law. In pleading. An issue upon matter of law, or consisting of matter of law, being produced by a demurrer on the one side, and a joinder in demurrer on the other. 3 Bl. Comm. 314; 3 Steph. Comm. 572, 580. See Code Civ. Proc. Cal. § 589.

— Issue roll. In English practice. A roll upon which the issue in actions at law was formerly required to be entered, the roll being entitled of the term in which the issue was joined. 2 Tidd. Pr. 733. It was not, however, the practice to enter the issue at full length, if triable by the country, until after the trial, but only to make an incipitur on the roll. Id. 734.

v. To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes.

The jury are bound to give their verdict for that party who, upon the evidence, appears to them to have succeeded in establishing his side of the issue. But there are cases in which an issue may be found distributively, z. ¢., in part for plaintiff, and in part for defendant. Thus, in an action for goods sold and work done, if the defendant pleaded that he never was indebted, on which issue Was joined, a verdict might be found for the plaintiff as to the goods, and for the defendant as to the work. Steph. Pl. (7th Ed.) 77d.

1. A single point, developed an action turns, which may be of ants, in general; [in a will] heirs, 4. Issues, profits.

INFORMAL, pleading. An informal issue is where a material allegation is traversed in an improper or inartificial manner; and this and the other preceding mistakes are aided by verdict by the 32 H. 8, c. 30; Gilb. C. P. 147; 2 Saund. 319.