 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 419by Samuel March Phillipps - 1816 - 692 pagesFull view - About this book
 | Francis Bacon - Philosophy - 1819 - 598 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...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... | |
 | Francis Bacon, Basil Montagu - Law - 1831 - 484 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...that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but... | |
 | Jeremy Bentham - Evidence (Law) - 1827 - 824 pages
...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... | |
 | Samuel Hazard - Pennsylvania - 1828 - 438 pages
...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... | |
 | Local history - 1835 - 444 pages
...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... | |
 | Jeremy Bentham - 1840 - 330 pages
...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... | |
 | Francis Bacon - 1841 - 614 pages
...col lateral matter out of the deed that hreedelh the ambiguity. Jmbiguitas païens is never hoi pen by averment, and the reason is, because the law will...that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but... | |
 | Francis Bacon - 1841 - 616 pages
...some collateral matter out of the deed that breedeth the ambiguity. dmbiguitas patera is never hoi pen by averment, and the reason is, because the law will...that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but... | |
 | Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
..." 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... | |
 | Herbert Broom - Legal maxims - 1845 - 544 pages
...the instrument itself (A). Rule a> to Ambiguitas patens, says Lord Bacon, cannot be holpenby guity. 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,... | |
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