Special Non Est Factum

The name of a plea by which the defendant says that the deed which he has executed is not hia own, or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon him for some lawful reason; as, when the defendant delivered the deed to a third person as an escrow to be delivered upon a condition, and it has been state the fact o£ the conditional delivery, the nonperformance of the condition, and add, "and so it is not his deed;" or if the defendant be a feme covert, she may plead non est factum, that she was a feme covert at the time the deed was made, "and so it is not her deed." Bac. Abr. "Please," etc. (H 3, I 2); Gould, PI. c. 6, pt. 1, § 64. See "Issint."

The name of a plea by which the defendant says that the deed which he has executed is not his own or binding upon him, because of some circumstance which shows that it was not intended to be his deed, or because it was not binding upon bim for some lawful reason.

A form of the plea of non est factum, in debt on a specialty, by which the defendant alleges that, although he executed the deed, yet it is in law "not his deed," because of certain special circumstances which he proceeds to set out; as, where he delivered the deed as an escrow, and it was turned over to the plaintiff prematurely or without performance of the condition.

Defined under Non Est Factum in Black's Law Dictionary.