This phrase, as applied to a legal transaction, primarily means that it hastaken place without legal proceedings. Thus a widow was said to make a request in paisfor her dower when she simply applied to the heir without issuing a writ (Co. Litt. 326.)So conveyances are divided into those by matter of record and those by matter in pais. In some cases, however, “matters in pais” are opposed not only to “matters of record,” but also to “matters in writing,” i. e., deeds, as where estoppel by deed isdistinguished from estoppel by matter in pais. (Id. 352a.) Sweet.
