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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... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Page 659
by New York (State). Supreme Court, John Lansing Wendell - 1846
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A Treatise on the Law of Evidence

Samuel March Phillipps - Evidence (Law) - 1815 - 600 pages
...of speciality, which is of the higher account, with matter of averment, which is of inferior account in law : for, that were to make all deeds hollow, and subject to averment, and so in effect to make that pass without deed, which, the law appoints, shall not pass...
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Law tracts. Maxims of the law

Francis Bacon - Philosophy - 1819 - 598 pages
...of specialty, which is of the highet account, with matter of averment, which is of inferior account in law ; for that were to make all deeds hollow, and...which the law appointeth shall not pass but by deed. Therefore if a man give land to /. D. et IS et haredibus,ant\. do not limit to whether of their heirs,...
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The Works of Francis Bacon, Lord Chancellor of England, Volume 13

Francis Bacon, Basil Montagu - Law - 1831 - 484 pages
...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 hollow, and...which the law appointeth shall not pass but by deed. Therefore if a man give land to /. D. et IS et haeredibus, and do not limit to whether of their heirs,...
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The Works of Francis Bacon, Lord Chancellor of England, Volume 3

Francis Bacon - 1841 - 616 pages
...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 hollow, and...which the law appointeth shall not pass but by deed. Therefore if a man give land to 2. D. et IS et АжгеА'бк», and do not limit to whether of their...
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Works, Volume 3

Francis Bacon - 1841 - 616 pages
...of specialty, which is of the higher account, with matter of averment, which is of inferior account rofit, because you pay the fee-farm. So as you are...the present tense; many verbs want the preterperfect hy deed. Therefore if a man give land to /. I). et IS et hsertdibus, and do not limit to whether of...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., Volume 2

Archibald John Stephens - Arbitration and award - 1842 - 1072 pages
...reason is, because the law will not 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 effect to make that pass without deed which the law hath appointed snail not pass...
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The Works of Francis Bacon, Lord Chancellor of England, Volume 3

Francis Bacon - 1844 - 614 pages
...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 hollow, and subject to averments, 1 and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed....
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A Selection of Legal Maxims, Classified and Illustrated

Herbert Broom - Legal maxims - 1845 - 544 pages
...of specialty, which is of the 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 effect, to make that pass without deed which the law appoints shall not pass but...
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The Equitable Jurisdiction of the Court of Chancery: Comprising ..., Volume 1

George Spence - Civil procedure - 1846 - 708 pages
...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 hollow, and...which the law appointeth shall not pass but by deed. "Therefore, if a man give land to JD et JS, et hœredibus, and do not limit to whether of their heirs,...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 8

Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1104 pages
...grantor. The admission of parol evidence in many cases would be, as his Lordship said, "to make that pass without deed, which the law appointeth shall not pass but by deed." Upon this principle it has been held, that where one person gave a bond to another for the conveyance...
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