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" 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... "
A Law Dictionary and Glossary: Containing Full Definitions of the Principal ... - Page 90
by Alexander Mansfield Burrill - 1859
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A Treatise on the Law of Evidence

Samuel March Phillipps - Evidence (Law) - 1815 - 520 pages
...patens," Lord Bocon(i), (that isa an ambiguity apparent on the deed or instrument,) "cannot be helped by averment; and the reason is, because the law will not couple and mingle matter of speciality, which is of the higher account, with matter of averment, which is of inferior account in...
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A Treatise on the Law of Evidence

Samuel March Phillipps - Electronic books - 1816 - 692 pages
...patens," Lord Bacon (1), (that is, an ambiguity apparent on the deed or instrument,) " cannot be helped by averment ; and the reason is, because the law will...that were to make all deeds hollow, and subject to averment, and so in effect to make that pass without deed, which, the law appoints, shall not pass...
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Law tracts. Maxims of the law

Francis Bacon - Philosophy - 1819
...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...couple and mingle matter of specialty, which is of the highet account, with matter of averment, which is of inferior account in law ; for that were to make...
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A Treatise on the Law of Evidence, Volume 1

Samuel March Phillipps - Evidence (Law) - 1820
...an ambiguity apparent on the deed or instrument,) " cannot be helped by averment; and the reason i?, because the law will not couple and mingle matter...that were to make all deeds hollow, and subject to averment, and so in effect to make that pass without deed, which, the law appoints, shall not pass...
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Rationale of Judicial Evidence: Specially Applied to English Practice, Volume 5

Jeremy Bentham - Evidence (Law) - 1827
...one which pretends to be rational. The technical reason is the production of Lord Bacon: it is this: "the law will not couple and mingle matter of specialty,...averment, which is of inferior account in law." For those to whose conceptions the incongruity of so irregular a mixture might fail to present itself in...
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The Register of Pennsylvania: Devoted to the Preservation of ..., Volume 15

Samuel Hazard - Pennsylvania - 1828
...anabigiiity Bacon L. Tracts 99, 1 Mar. II, Hob. 32 4 Uow. PC 93. Ambiguitas patens, is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, whichis of the higher account, with matter of averment which is of inferior account in l.iw, fur that...
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Hazard's Register of Pennsylvania, Volume 15

Local history - 1835
...ambiguity Racon L. Tracts 99, 1 Mar. 11, Hob. 3*2 4 I low. PC 93. Ambiguitas patens, is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, winch is of the ligner account, with matter of averment which a of nferior account in law, for that...
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The Works of Jeremy Bentham, Now First Collected: Under the Superintendence ...

Jeremy Bentham - 1840
...which pretends to be rational. The technical reason is the production of Lord Bacon : it is this : •' the law will not couple and mingle matter of specialty, which is of the hiyher account, with matter of averment, which is of inferior account in law." For those to whose conceptions...
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Works, Volume 3

Francis Bacon - 1841
...some collateral matter out of the deed that breedeth the ambiguity. dmbiguitas patera is never hoi pen omuch hy deed. Therefore if a man give land to /. I). et IS et hsertdibus, and do not limit to whether of...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 2

Archibald John Stephens - Arbitration and award - 1842
..." Ambiguitas patens (that is, an ambiguity apparent on the deed or instrument) can never be holpen by averment ; and the reason is, because the law will...couple and mingle matter of specialty, which is of higher account in law ; for that were to make all deeds hollow, and subject to averment, and so in...
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