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Fiction of law. A legal assumption that a thing is true which is either not true or which is as probably false as true; an assumption or supposition of law that something which is or may be false is true, or that a state of facts exists which has never really taken place; the assumption, for the purposes of justice, of a fact which does not or may not exist; the legal assumption or invention that something is true, which is, or may be, false; an assumption of an innocent and beneficial character, made to advance the ends of justice. It is generally recognized that fictions of law are invented and instituted for the promotion of justice. And they are not allowed to work injustice or to defeat the policy of the state. A fiction of law may not be contradicted so as to defeat the end for which it was invented, but for every other purpose it may be contradicted. 36A C.J.S. Fiction pg. 377.

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