 But if it be ambiguitas latens, then otherwise it is: as, if I grant my manor of S. to JF and his heirs, here appeareth no ambiguity at all; but if the truth be, that I have the manors both of South S. and North S., this ambiguity is matter in fact; and,...  Literary and Professional Works - Side 380af Francis Bacon - 1861Fuld visning - Om denne bog
 | Georgia. Supreme Court - 1873 - 764 sider
...all ; but if the truth be that I have (lie manors both of South S. and North S., this ambiguity i* matter in fact, and, therefore, it shall be holpen by averment whether of them was that the party intended should pass:" 1 Powell on Devises, 477 ; 2 Kent Com., 556. J. WING FIELD;... | |
 | John Proffatt - 1876 - 226 sider
...ambiguity at all; but if the truth be that I have the manors both of North S and South S, this ambiguity is matter in fact, and, therefore, it shall be holpen by averment, whether of them was that the party intend should pass." A patent ambiguity is one that is apparent on the face of the... | |
 | John Proffatt - 1876 - 226 sider
...ambiguity at all ; but if the truth be that I have the manors both of North S and South S, this ambiguity is matter in fact, and, therefore, it shall be holpen by averment, whether of them was that the party intend should pass." A patent ambiguity is one that is apparent on the face of the... | |
 | Francis Bacon - 1879 - 872 sider
...if the truth be that I have the manors both of South S. and North S. this ambiguity VOL. VII. CC IB matter in fact ; and therefore it shall be holpen...be supplied by election, and not by averment. As if J grant ten acres of wood in Sale, where I have a hundred acres ; whether I say it in my deed or no... | |
 | William Henry Malone - 1883 - 824 sider
...all. But if the truth be that I have the manors of South S. and Xorth S., this ambiguity is matter of fact, and therefore it shall be holpen by averment whether of them it was that the party intended should pass." Under this doctrine the courts are constantly called upon to admit parol... | |
 | 1886 - 940 sider
...ambiguity at all. But if the truth be that I have the manors both of South S. and North S., this ambiguity is matter in fact, and therefore it shall be holpen by averment whether of them it was that the party intended should pass." See Cheyney's Case, 5 Coke, 118. "A latent ambiguity is where you show... | |
 | Francis Bacon - 1892 - 882 sider
...but if the truth be that I have the manors both of South S. and North S. this ambiguity VOL. VII. C 0 is matter in fact ; and therefore it shall be holpen...pass. So if I grant my tenement in the parish of St. DunstanV, and I have two tenements there ; this uncertainty shall be supplied by averment of intention.... | |
 | Theophilus Parsons - 1893 - 974 sider
...at all ; but if the truth be, that I have the manors both of South S. and North S,, this ambiguity is matter in fact ; and therefore, it shall be holpen by averment, whether of them was that the party intended should pass." (/) The rules of Lord Bacon rest entirely upon the principle... | |
 | Burr W. Jones - 1896 - 784 sider
...but if the truth be that I have the manors both of South S. and North S., this ambiguity is matter of fact; and, therefore, it shall be holpen by averment whether of them was that the party intended should pass."2 To give other illustrations, if a conveyance is made to... | |
 | John Henry Wigmore - 1905 - 922 sider
...the deed; but if the truth be that I have the manors both of South S. and North S., this ambiguity is matter in fact; and therefore it shall be holpen...them it was that the parties intended should pass. . . . Another sort of ambiguitas latens is correlative unto this : for this ambiguity spoken of before... | |
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