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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; for that were to make all deeds... "
A Treatise on the Law of Evidence - Σελίδα 419
των Samuel March Phillipps - 1816 - 692 σελίδες
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Law tracts. Maxims of the law

Francis Bacon - 1819 - 598 σελίδες
...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...

The Works of Francis Bacon, Lord Chancellor of England, Τόμος 13

Francis Bacon, Basil Montagu - 1831 - 484 σελίδες
...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...

Rationale of Judicial Evidence: Specially Applied to English Practice, Τόμος 5

Jeremy Bentham - 1827 - 824 σελίδες
...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...

The Register of Pennsylvania: Devoted to the Preservation of Facts ..., Τόμος 15

Samuel Hazard - 1828 - 438 σελίδες
...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...

Hazard's Register of Pennsylvania, Τόμος 15

1835 - 444 σελίδες
...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...

The Works of Jeremy Bentham, Now First Collected: Under the Superintendence ...

Jeremy Bentham - 1840 - 330 σελίδες
...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...

The Works of Francis Bacon, Lord Chancellor of England, Τόμος 3

Francis Bacon - 1841 - 616 σελίδες
...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...

Works, Τόμος 3

Francis Bacon - 1841 - 616 σελίδες
...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...

The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Τόμος 2

Archibald John Stephens - 1842 - 1072 σελίδες
..." 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...

A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - 1845 - 544 σελίδες
...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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