Facts; substance as distinguished from form; the merits of a case. Matter in controversy, or in dispute. The subject of litigation; the matter for which a suit is brought and upon which issue is joined. Lee v. Watson, 1 Wall. 337, 17 L. Ed. 567. Matter in deed. Such matter as may be Sroved or established by a deed or specialty. [atter of fact, in contradistinction to matter of law. Co. Litt. 320; Steph. PI. 197.Matter in issue. That upon which the plaintiff proceeds in his action, and which the defendant controverts by his pleadings, not including facts offered in evidence to establish the matters in issue. King v. Chase, 15 N. H. 9, 41 Am. Dec. 675. That ultimate fact or state of facts in dispute upon which the verdict or finding is predicated. Smith v. Ontario (C. C.) 4 Fed. 386. See 2 Black, Judgm.