 Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds...  A Treatise on the Law of Evidence - Page 386by Samuel March Phillipps - 1815 - 520 pagesFull view - About this book
 | Sir James Wigram, William Knox Wigram - Evidence - 1858 - 246 pages
...collateral matter out of the deed that breedeth the ambiguity. " Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Alexander Mansfield Burrill - Dictionaries, Law - 1859 - 736 pages
...Averment. Ambiguitas rerbornm patens nnlla veriiiCatione SUpplfllir. Ambiguitas paten» to never holpeu by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Francis Bacon - 1861 - 448 pages
...such a day of the week, such a Saint's day or eve, to-day, to-morAmbiguitas patens is never holpen by averment : and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | John Willard - Conveyancing - 1861 - 718 pages
...face of the instrument, no averment is allowed to explain it. Such ambiguity, Bacon says, is never helped by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Francis Bacon - 1861 - 854 pages
...some collateral matter out of the deed that breedeth the ambiguity. Ambiguitas patens is never holpen by averment : and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1862 - 466 pages
...latent ambiguity. Lord Bacon long since laid down the rule, " that ambiguitas patens is never holpen by averment; and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Lyttleton Forbes Winslow - Forensic psychiatry - 1863 - 788 pages
...never holpen by averment — a rule which he refers to the general principle, that " the law will not mingle matter of speciality which is of the higher...of averment which is of inferior account in law." Two examples are given of a patent ambiguity. The first is a grant ' to JD and JS and the heirs,' (/.... | |
 | Francis Bacon - English literature - 1864 - 444 pages
...some collateral matter out of the deed that breedeth the ambiguity. Ambiguitas patens is never holpen by averment: and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Simon Greenleaf - Evidence (Law) - 1866 - 756 pages
...some collateral matter out of the deed that brccdeth the ambiguity. Ambiyuitas patens is never holpeu by averment ; and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in... | |
 | Theophilus Parsons - Consideration (Law) - 1866 - 830 pages
...pome collateral matter out of the deed thai breedeth the ambiguity. Ambîguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account with matter of averment, which is of inferior account in... | |
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