 | James Cockcroft, David Shephard Garland, Lucius Polk McGehee, Charles Porterfield - Law - 1896 - 1242 pages
...302; Senger •: Senger, 81 Va. 694. ••Ambiguitas Patens," says Lord Bacon,, "cannot be holden by averment, and the reason is because the law will...higher account, with matter of averment, which is of the lower account in law, for that were to make all deeds hollow and subject to averment, and so in... | |
 | John Henry Wigmore - Evidence - 1905 - 922 pages
...matter out of the deed that breedeth the ambiguity. Ambif/uitas patens is never holpen by averment, aud the reason is, because the law will not couple and...to make all deeds hollow and subject to averments, aud so, in effect, that to pass without deed, which the law appointeth shall not pass but by deed.... | |
 | Syed Ameer Ali, Sir John George Woodroffe - Evidence (Law) - 1898 - 1646 pages
...collateral matter out of the deed that breedeth the ambiguity. Ambiyuitas ]>atr,i>A is never holpen by averment, and the reason is, because the law will...with matter of averment, which is of inferior account of law : for that were to make all deeds hollow and subject to averments ; > * authorities cited iu... | |
 | West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1905 - 790 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...specialty which is of the higher account with matter of avermont which is of inferior account in law; for that were to make all deeds hollow and subiect to... | |
 | Thomas Welburn Hughes - Evidence (Law) - 1905 - 740 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...of specialty, which is of the higher account, with matters of averment, which is of inferior account in law ; for that we were to make all deeds hollow... | |
 | Alexander Wood Renton, Maxwell Alexander Robertson - Great Britain - 1906 - 736 pages
...the law on this subject. The following is an extract therefrom:—" Ambiguitas patens is never holpen by averment, and the reason is because the law will...couple and mingle matter of specialty, which is of higher account, with matter of averment, which is of inferior account in law; for that were to make... | |
 | Edward Beal - Law - 1908 - 766 pages
...some collateral matter out of the deed that breedeth the ambiguity. Ambiguitais patens is never holpen by averment; and the reason is, because the law will...higher account, with matter of averment, which is of the inferior account in law ; for that were to make all deeds hollow, and subject to averments, and... | |
 | Law reports, digests, etc - 1911 - 1998 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...of averment, which is of inferior account, in law, &c. ; but if it be ambiguiias latens, then otherwise it is." (\st Greenleaf's Ev. sec. 297.) In other... | |
 | Willard Titus Barbour - Contracts - 1914 - 434 pages
...; the court turned a deaf ear to his plaint. In the end, we come back to the remark of Lord Bacon : 'The law will not couple and mingle matter of specialty, which is of higher account, with matter of averment, which is of inferior account in law.' * SECTION III. DEBT... | |
 | 1914 - 422 pages
...the court turned a deaf ear to his plaint. In the end, we come back to the remark of Lord Bacon : ' The law will not couple and mingle matter of specialty, which is of higher account, with matter of averment, which is of inferior account in law.' 1 SECTION III. DEBT... | |
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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... 
