FACTUM

Latin: In old English law. A deed; a person’s act and deed; anything stated or made certain; a sealed instrument; a deed of conveyance. A fact; a circumstance; particularly a fact in evidence. Bract, fol. 16. In testamentary law. The execution or due execution of a will. The factum of an instrument means not barely the signing of it, and the formal publication or delivery, but proof that the party well knew and un1 derstood the contents thereof, and did give, will, dispose, and do, in all things, as in the said will is contained. Weatherhead v. Bask erville, 11 How. 354, 13 L. Ed. 717. In the civil law. Fact; a fact; a matter of fact, as distinguished from a matter of law. Dig. 41, 2, 1, 3. In French law. A memoir which contains concisely set down the fact on which a contest has happened, the means on which a party founds his pretensions, with the refutation of the means of the adverse party. Vicatv In old European law. A portion or allotment of land. Spelman. Factum juridioum. A juridical fact. Denotes one of the factors or elements constituting an obligation. Factum probandnm. Lat. In the law of evidence. The fact to be proved; a fact which is in issue, and to which evidence is to be directed. 1 Greenl. Bv.