 | William Selwyn - 1838 - 802 sivua
...upon the specialty. But by RGHT 4 W. 4, in debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the...absolutely void, as well as those which make it voidable. Under the operation of this rule, many grounds of defence, of which the defendant might heretofore... | |
 | John Frederick Archbold - 1838 - 682 sivua
...defences must be pleaded." II. 1st. In Debt on specialty or Covenant, " the plea of non est factum shall operate as a denial of the execution of the deed in *pomt of fact only} and all other defences shall be specially pleaded, including matters which make... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 564 sivua
...DEBT. fülltet I. in debt on spcciafty or covenant, the pfea of non estfactum shall operate /or/um. as a denial of the execution of the deed in point...including matters which make the deed absolutely void, us well as those which make it voidable. Kildebci. 2. The pica of" nil dcbet" shall not be allowed... | |
 | Joseph Chitty, Tompson Chitty - 1839 - 454 sivua
...pleading, " in. debt on specialty or covenant, the plea of non cstfactum, ante, Form, 443, 444, and notes, shall operate as a denial of the execution of the deed in point of fact only, ami al1 other defences sha1l be special1y p1eaded, including matters which make the deed absolutely... | |
 | George Atkinson - 1839 - 524 sivua
...into custody. But by them, under the head " Covenant and Debt," it is declared that — General 2. The plea of " nil debet" shall not be allowed in any action. 3. In actions of debt on simple contract, other than on bills of exchange and promissory notes, the... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1840 - 752 sivua
...21, which declares that " in debt on specialty the plea of non est factum shall operate as a denial of the deed in point of fact only, and all other defences...absolutely void, as well as those which make it voidable." Now if the defendant intended to rely upon the ancient doctrine that a bond containing tie false baptismal... | |
 | William Blackstone, John Bethune Bayly - 1840 - 764 sivua
...circumstantibus. (p) By Reg. Gen. HT 4 Wm. 4, in debt on specialty or covenant, the plea of uonest factum will operate as a denial of the execution of the deed in point of fact only. All other defences must be specially pleaded, including matters, which make the de^ absolutely void,... | |
 | John Collyer - 1840 - 1016 sivua
...this may l>e added, that in debt on specialty or covenant, the plea of non est factum operates only as a denial of the execution of the deed in point of fact. Having made these preliminary remarks, it may be necessary to mention some points of pleading more... | |
 | Richard Holmes Coote - 1840 - 838 sivua
...deny the execution of the deed, and put it in issue by plea of non est factum. The plea operates only as a denial of the execution of the deed in point of fact, all other defences must be specially pleaded. (A) 3. Eviction. 4. Performance. In covenant, eviction... | |
 | sir Peter Stafford Carey - 1841 - 112 sivua
...plea of non est Effect of no* factum shall operate as a denial of the execution of the deed estfactum. in point of fact only, and all other defences shall...absolutely void, as well as those which make it voidable. 2. The plea of nil debet shall not be allowed in any action. Nil debet. XXV111 Matters in declaration... | |
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II. — In Covenant and Debt. 1. In debt on specialty or covenant, the plea of non est factum shall operate as 'a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make... 
