Non D E D I T

The general issue In formedon. See Ne Dona Pas. NON DEMISIT (Lat. he did not demise). A plea proper to be pleaded to an action of debt for rent, when the plaintiff declares on a parol lease. Glib. Debt 436; Bull. N. P. 177; 1 Chitty, Pi. 477. A plea in bar, in replevin, to an avowry for arrears of rent, that the avowant did not demise. Morris, Repl. 179. It cannot be pleaded when the demise is stated to have been by indenture; 12 Viner, Abr. 178; Com. Dig. Pleader (2 W 48). NON DETINET (Lat. he does not detain). The general issue in an action of detinue. Its form is as follows: “And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, etc., and says that he does not detain the said goods and chattels (or ‘deeds and writings/ according to the subject of the action) in the said declaration specified; or any part thereof, in manner and form as the said A B hath above complained. And of this the said C D puts himself upon the country.” Andr. Steph. PI. 231. It puts in issue the detainer only: a justification must be pleaded specially; 8 Dowl. Tract. Cas. 347. It is a proper plea to an action of debt on a simple contract in the case of executors and administrators. 6 East 549; Bac. Abr. Pleas (I); 1 Chitty, PI. 476. See Detinet. the court hears motions classified by the Code as “non-enumeratcd motions.” Jackson v., 2 Caines (N. Y.) 250. NON EST FACTUM (Lat. is not his deed). In Pleading. A plea to an action of debt on a bond or other specialty. Its form is, “And the said C D, by E F, his attorney, comes and defends the wrong and injury, when, etc., and says that the said supposed writing obligatory (or ‘indenture.’ or ‘articles of agreement,’ according to the subject of the action) is not his deed. And of this he puts himself upon the country.” Cleaton v. Chambliss, G Rand. (Va.) 86; Porter v. Martin, 1 Litt (Ky.) 158. Tt is a proper plea when the deed is the foundation of the action; 1 Wms. Saund. 38, note 3; 2 id. 187 a, note 2; 2 Ld. Raym. 1500; Minton v. Woodworth, 11 Johns. (N. Y.) 47G; and cannot be proved as declared on; 4 East 585; on account of non-execution; 6 Term 317; or variance in the body of the instrument; 4 Maule & S. 470; 2 i). & R. 6G2. Under this plea the plaintiff may show that the deed was void ah initio; Van Valkenburgh v. Rouk, 12 Johns. (N. Y.) 337; Stoever v. Weir, 10 S. & R. (Pa.) 25; see Marine Ins. Co. v. Hodgson, G Cra. 219, 3 L. Ed. 200; or became so after making and before suit; 5 Co. 119 h; 11 id. 27. See 1 Ohitty, PI. 417, n. In covenant, the defendant may, under this plea, avail himself of a mis-statement or omission of a qualifying covenant; 9 East 188; 1 Carnpb. 70; or omission of a condition precedent; 11 East G39; 7 D. & R. 249. NON EST INVENTUS (Lat. he is not found). The sheriff's return to a writ requiring him to arrest the person of the defendant, which signifies that he is not to he found within his jurisdiction. The return is usually abbreviated N. E. I. Chitty, Pr. The English form “not found’’ is also commonly used.