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
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.
[Blacks Law 8th]