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NEGATIVE

A denial; a proposition by which something is denied; a statement in the form of denial. Two negatives do not make a good issue. Steph. PI. 386, 387. Negative averment. As opposed to the traverse or simple denial of an affirmative allegation, a negative averment is an allegation of some substantive fact, e.g., that premises are not in repair, which, although negative inform, is really affirmative in substance, and the party alleging the fact of non-repair must prove it. Brown. Negative condition. One by which it is stipulated that a given thing shall not happen. Negative pregnant. In pleading. A negative implying also an affirmative. Cowell. Such a form of negative expression as may imply or carry within it an affirmative. As if a man be said to have aliened land in fee, and he says he hat not aliened in fee, this is a negative pregnant; for, though it be true that he has not aliened in fee, yet it may be that he has made an estate in tail. Cowell. As to negative “Covenant,” “Easement,” “Servitude,” “Statute,” and “Testimony,” see those titles.

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