KFLCC Kingdom Law 2nd Ed.

IN EO QUOD PLUS SIT

602

IN FRAUDEM LEGIS

IN FACTO. In fact; in deed. In facto dicit, in fact says. 1 Salk. 22, pi. L In facto quod se habet ad bonum et malum, magis de bono quam de malo lex intendit. In an act or deed which ad mits of being considered as both good and bad, the law intends more from the good than from the bad; the law makes the more favorable construction. Co. Litt. 786. In favorabilibus magis attenditur quod prodest quam quod nocet. In things fa vored, what profits is more regarded than what prejudices. Bac. Max. p. 57, in reg. 12. IN FAVOREM LIBERTATIS. In fa vor of liberty. IN FAVOREM VIT2E. In favor of life. In favorem vitae, libertatis, et innocen tiae, omnia prsesumuntur. In favor of life, liberty, and innocence, every presump tion is made. Lofft. 125. IN FEODO. In fee. Bract, fol. 207; Fleta, lib. 2, c. 64, § 15. Setsitus in feodo, seised in fee. Fleta, lib. 3, c. 7, § 1. In fictione juris semper sequitas ezis tit. In the fiction of law there is always equity; a legal fiction is always consistent with equity. 11 Coke, 51a/ Broom, Max. 127, 130. IN FIERI. In being made; In process of formation or development; hence, incom plete or inchoate. Legal proceedings are de scribed as in fieri until judgment is entered. IN FINE. Lat. At the end. Used, in references, to indicate that the passage cited is at the end of a book, chapter, section, etc. IN FORMA PAUPERIS. In the char acter or manner of a pauper. Describes per mission given to a poor person to sue with out liability for costs. IN FORO. In a (or the) forum, court, or tribunal. — In foro conscientiae. In the tribunal of conscience; conscientiously; considered from a moral, rather than a legal, point of view.— In foro contentioso. In the forum of contention or litigation.— In foro ecclesiastico. In an ecclesiastical forum; in the ecclesiastical court. Fleta, lib. 2, c. 57, § 13.— In foro saeculari. In a secular forum or court Fleta, lib. 2, c. 57, § 14; 1 Bl. Comm. 20. IN FRAUDEM CREDITORUM. In fraud of creditors; with intent to defraud creditors. Inst 1, 6, pr. 3. IN FRAUDEM LEGIS. In fraud of the law. 3 Bl. Comm. 94. With the intent or view of evading the law. Jackson v. Jack son, 1 Johns. (N. Y.) 424, 432.

done, or action brought, solely to hurt or distress another, it is said to be in emulatio nem vicini. 1 Blames, Eq. 56. In eo quod plus sit, semper inest et minus. In the greater is always included the less also. Dig. 50, 17, 110. IN EQUITY. In a court of equity, as distinguished from a court of law; in the purview, consideration, or contemplation of equity; according to the doctrines of equity. IN ESSE. In being. Actually existing. Distinguished from in posse, which means "that which is not, but may be." A child before birth is in posse; after birth, in esse. IN EVIDENCE. Included in the evidence already adduced. The "facts in evidence" are such as have already been proved in the cause. IN EXCAMBIO. In exchange. Formal words in old deeds of exchange. IN EXITU. In issue. Be materia in exitu, of the matter in issue. 12 Mod. 372. In expositione instrumentorum, mala grammatica, quod fieri potest, vitanda est. In the construction of instruments, bad grammar is to be avoided as much as possible. 6 Coke, 39; 2 Pars. Cont 26. IN EXTENSO. In extension; at full length; from beginning to end, leaving out nothing. IN EXTREMIS. In extremity; in the last extremity; in the last illness. 2 Bl. Comm. 375, 500; Prince v. Hazleton, 20 Johns. (N. Y.) 502, 11 Am. Dec. 307. Agens in extremis, being in extremity. Bract, fol. 3736. Declarations in extremis, dying decla rations. 1 Greenl. Ev. § 156; Wilson v. Boerem, 15 Johns. (N. Y.) 286. IN FACIE CVMlSi. In the face of the court Dyer, 28. IN FACIE ECCLESrS. In the face of the church. A term applied in the law of England to marriages, which are required to be solemnized in a parish church or public chapel, unless by dispensation or license. 1 Bl. Comm. 439; 2 Steph. Comm. 288, 289. Applied in Bracton to the old mode of con ferring dower. Bract fol. 92; 2 Bl. Comm. 133. IN FACIENDO. In doing; in feasance; In the performance of an act 2 Story, Eq. Jur. § 1308. IN FACT. Actual, real; as distinguish ed from implied or inferred. Resulting from the acts of parties, instead of from the act or intendment of law.