 | E. Hilton Jackson - Latin language - 1915 - 348 pages
...apparent on the face of the instrument itself. Ambiguitas patens, said Lord Bacon, cannot be holpen 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 the lower account... | |
 | Appellate courts - 1918 - 742 pages
...that breedeth the ambiguity. Aiubiguitas patens is never holpen by averment ; * * * for that svere to make all deeds hollow and subject to averments, and so, In effect, that to pass without deed whicli the law appointetb. shall not pass but by deed. Therefore, If a man give land to JD and JS et... | |
 | Electronic journals - 1919 - 482 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 the higher account, with matter of averment, which is of inferior account in law; for that were to... | |
 | Samuel Williston - Contracts - 1920 - 1254 pages
...by pleading and parol proof. But patent ambiguities, Lord Bacon says, cannot be helped by averment "because the law will not couple and mingle matter...of averment which is of inferior account in law." 34 This rule has been applied to written contracts.35 But it is chiefly in regard to wills that the... | |
 | Sir William Searle Holdsworth - Law - 1926 - 498 pages
...Maxims of the Law, Regula XXV. 3 See Thayer, op. cit. 420 ni 6 " Ambiguitis patens is never holpen by averment: and the reason is, because the law will...matter of averment which is of inferior account in the law ; for that were to make all deeds hollow and subject to averments, and so, in effect, that... | |
 | Paul Vinogradoff - Law - 1914 - 424 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.' J SECTION III. DEBT... | |
 | Sir William Searle Holdsworth - Law - 1926 - 514 pages
...See Thayer, op. cit. 42o n. 1. 4 Maxims of the Law, Regula XXV. 5 " Ambiguitas patens is never holpen by averment : and the reason is, because the law will...matter of averment which is of inferior account in the law ; for that were to make all deeds hollow and subject to averments, and so, in effect, that... | |
 | Mississippi. Supreme Court - Law reports, digests, etc - 1854 - 946 pages
...1. The bond is full of patent ambiguities, which cannot be "holpen by averments" in the declaration; 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... | |
 | Francis Bacon - English literature - 1859 - 852 pages
...some collateral matter out of the deed that breedetl the ambiguity. Ambiguitas patens is never holpen by averment : and the reason is, because the law will not couple and mingle mattei of specialty, which ia of the higher account, with matter ol averment, which is of inferior... | |
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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... 
