non est factum

non est factum (non est fak-t[schwa]m). [Latin “it is not his deed”] Hist. A denial of the execution of an instrument sued on. [Cases: Bills and Notes 475. C.J.S. Bills and Notes; Letters of Credit § 272.]

“The general issue in covenant is ‘non est factum,’ which is a formal denial that the deed is the deed of the defendant.” Benjamin J. Shipman, Handbook of Common-Law Pleading § 187, at 331 (Henry Winthrop Ballantine ed., 3d ed. 1923).

general non est factum. Hist. A broad, nonspecific denial that an instrument was executed or executed properly.

particular non est factum. See special non est factum.

special non est factum. Hist. A pleading that specifies the grounds on which an instrument’s execution is invalid or nonbinding.

— Also termed particular non est factum.

verified non est factum. Hist. A sworn denial that puts the validity of the instrument as well as the signature in question.

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