Assignee in fact is an assignee to whom his assignor makes an actual transfer of that which is assigned, as distinguished from a transfer by mere operation of law.
The following is an example of a case law referring to assignee in fact:
An assignee in fact is one to whom an assignment has been made in fact by the party having the right. Common acceptation of the word assignee is limited to an assignee in fact, and does not comprehend an assignee by mere operation of law. [Burlington Nat'l Bank v. Beard, 55 Kan. 773, 776 (Kan. 1895)].