INDEBITI SOLUTIO, civil law. The payment to one of what is not due to him. If the payment was made by mistake, the civilians¹ recovered it back by an action called condictio indebiti; with us, such money may be recovered by an action of assumpsit.

INDEBTEDNESS. The state, of being in debt, without regard to the ability or inability of the party to pay the same. See 1 Story, Eq. 343; 2 Hill. Ab. 421.

2. But in order to create an indebtedness, there must be an actual liability at the time, either to pay then or at a future time. If, for example, a person were to enter and become surety for another, who enters into a rule of reference, he does not thereby² become a debtor³ to the opposite party until the rendition of the judgment⁴ on the award. 1 Mass. 134. See Creditor⁵; Debt; Debtor.

INDECENCY. An act against good behaviour and a just delicacy⁶. 2 Serg. & R. 91.

2. The law, in general, will repress indecency as being contrary to good morals, but, when the public good requires it, the mere⁷ indecency of disclosures does not suffice to exclude them from being given in evidence. 3 Bouv. Inst. n. 3216.

3. The following are examples of indecency: the exposure by a man of his naked person on a balcony, to public view, or bathing in public; 2 Campb. 89; or the exhibition of bawdy⁸ pictures. 2 Chit. Cr. Law, 42; 2 Serg. & Rawle, 91. This indecency is punishable by indictment⁹. Vide 1 Sid. 168; S. C. 1 Keb. 620; 2 Yerg. R. 482, 589; 1 Mass. Rep. 8; 2 Chan. Cas. 110; 1 Russ. Cr. 302; 1 Hawk¹⁰. P. C. c. 5, s. 4; 4 Bl. Com. 65, n.; 1 East, P. C. c. 1, s. 1; Burn's Just. Lewdness¹¹.

INDEFEASIBLE. That which cannot be defeated or undone¹². This epithet¹³ is usually applied¹⁴ to an estate or right which cannot be defeated.

INDEFENSUS. One sued or impleaded, who refuses or has nothing to answer.

INDEFINITE. That which is undefined; uncertain.

INDEFINITE FAILURE OF ISSUE, executory devise. A general failure of issue, whenever it may happen, without fixing a time, or certain or definite period, within which it must take place. The issue of the first taker must be extinct, and the issue of the issue ad infinitum, without regard to the time or any particular event. 2. Bouv. Inst. n. 1849.