Blacks Law Dict. 1st ed

472

FAIR PLEADER

PAILLITE

nite failure of issue is void for remoteness, and hence courts are astute to devise some construc tion which shall restrain the failure of issue to the term of limitation allowed. 40 Pa. St. 18; 2 Redf. Wills, 276, note. FAILURE OF JUSTICE. The defeat of a particular right, or the failure of repa* ration for a particular wrong, from the lack of a legal remedy for the enforcement of the one or the redress of the other. FAILURE OF RECORD. Failure of the defendant to produce a record which he has alleged and reliea on in his plea. FAILURE OF TITLE. The inability or failure of a vendor to make good title to the whole or a part of the property which he has contracted to sell. FAILURE OF TRUST. The lapsing or non-efficiency of a proposed trust, by rea son of the defect or insufficiency of the deed or instrument creating it, or on account of illegality, indefimteness, or other legal im pediment. FAINT (or FEIGNED) ACTION. In old English practice. An action was so called where the party bringing it had no title to recover, although the words of the writ were true; a false action was properly where the words of the writ were false. Litk § 689; Co. Litt. 361. FAINT PLEADER. A fraudulent, false, or collusive manner of pleading to the deception of a third person. FAIR, n. In English law. A greater species of market; a privileged market. It is an incorporeal hereditament, granted by royal patent, or established by prescription presupposing a grant from the crown. In the earlier English law, the franchise to hold n fair conferred certain important privileges; and fairs, as legally recognized institutions, possessed distinctive legal characteristics. Most of these privileges and characteristics, however, are now obsolete. In America, fairs, in the ancient tech nical sense, are unknown, and, in the modern and popular sense, they are entirely voluntary and non-legal, and transactions arising in or in con nection with them are subject to the ordinary rule* governing sales, etc. FAIR, adj. Just;equitable; even-handed; equal, as between conflicting interests. FAIR-PLAY MEN. A local irregular tribunal which existed in Pennsylvania about the year 1769, as to which see Serg. Land Laws Pa. 77; 2 Smith, Laws Pa. 195. FAIR PLEADER. See BEAUPLEADEIU

>n his plea matter of record in bar of the ac tion, and avers to prove it by the record, but the plaintiff saith nul tiel record, viz., de nies there is any such record, upon which the defendant has a day given him by the court to bring it in, if he fail to do it, then, he is said to fail of his record, and the plaintiff is entitled to sign judgment. Termes de la Ley. FAILLITE. In French law. Bankrupt cy; failure; the situation of a debtor who finds himself unable to fulfill Ids engage ments. Code de Com. arts. 442, 580; Civil Code La. ait. 3522. FAILURE. In legal parlance, the neg lect of any duty may be described as a "fail ure." But in the language of the business world this term, applied to a merchant or mercantile concern, means an Inability to pay his or their debts, from insolvency, and the word must be regarded as synonymous with "insolvency." 1 Rice, 140. According toother authorities, "failure," in this sense, means a failure to meet current obligations at maturity. Insolvency looks to the ability to pay; failure to the fact of payment. Failure is the outward act which stands for evidence of insolvency. 13 S. C. 226. See, also, 10 Blatchf. 256; 24 Conn. 310. FAILURE OF CONSIDERATION. The want or failure of a consideration suffi cient to support a note, contract, or convey ance. It may be either partial or entire. FAILURE OF EVIDENCE. Judi cially speaking, a total "failure of evidence" means not only the utter absence of all evi dence, but it also means a failure to offer proof, either positive or inferential, to estab lish one or more of the many facts, the estab lishment of all of which is indispensable to the finding of the issue for the plaintiff. 7 Gill & J. 28. FAILURE OF ISSUE. The failure at a fixed time, or the total extinction, of issue to take an estate limited over by an executory devise. A definite failure of issue is when a precise time , isfixedby the will for the failure of issue, as in the case where there is a devise to one, but if he dies without issue or lawful issue living at the time of his death, etc. An indefinite failure of issue is the period when the issue or descendants of the first taker shall become extinct, and when there is no longer any issue of the issue of the grantee, without reference to any particular time or any particular event. 50 Ind. 546. An executory devise to take effect on an indefi

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