Ambiguitas

Lat. From embiguus, doubtful, uncertain, obscure. Ambiguity; uncertainty of meaning. Ambiguitas verborum latens verificatione suppletur; nam quod ex facto oritur ambiguum verifications facti tollitur. <A latent ambiguity in the language may be removed by evidence; for whatever ambiguity arises from an extrinsic fact may be explained by extrinsic evidence. Bac, Ambiguitas verborum patens null& verificatione excluditur. A patent ambiguity cannot be cleared up by extrinsic evidence. Lofft, 249.

See Ambiguity.

/., Ambiguity. Uncertainty words of a written instrument. It is arises upon the face of the instrument doubt arises from extrinsic matter or Ambiguitas verborum latens nam quod ex facto oritur ambiguum to Uitur: a latent ambiguity of words by averment, for that ambiguity which fact is [may be] removed by an averment is]. Ambiguitas verborum patens suppletur: a patent ambiguity is Ambigua responsio contra proferentem Ambiguum placitum interpretari rentem: an ambiguous plea ought to party pleading it. Ambiguum pactum interpretandum est: an ambiguous against the seller.

Lafe [horn ambiguus, doubtful, uncertain, obscure.] Ambiguity; uncertainty of meaning. Queues in rerbis nnlla ambiffiill My ibi ■nlla ezp«silio coalr» rerba Aenda cat. As long as there is no ambiguity in the words I of an instrument] there must be no exposition made of it against its words. 2 Bl. Com. 379. When the intent of the parties is clearly expressed, the intent must govern the construction. Shep. Touch, (by Preston) 101. Ambiguitas patens; patent, open or apparent ambiguity; that which appears to be ambiguous upon the deed or instrument itself. Ambiguitas latens; latent or hidden ambiguity; that which seems certain and without ambiguity, for any thing that appears upon the deed or instrument, but where there is some collateral matter out of the deed that breeds the ambiguity. Ba* con's Max, 90, regula 23. See Ambiguity. Amkifwiuia Terb«r«ni lateas reriflcati*Hiffi aai^platvr, aam qaad ex fact* aritar aatbigaa Bi reriflcatiaao facti tallitar. A latent ambiguity of words is [may be] supplied, or helped by averment, for that ambiguity which arises out of a fact; [an extrinsic fact,] is [may be] removed by an averment of fact, [that is, by an averment of the fact as it really isj Bacon's Max, 90, regula 23. Thus, if I grant my manor of S. to J. F. and his heirs, here appeareth no ambiguity at all; but if the truth be that I have the manors both of Soifth 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. /<f. 9 2. Broorr Ca Max. 260. 1 Powell on Devises, 411. 2 Kent* 8 Com. 556. In other words, wh6re the ambiguity itself is produced by extraneous circumstance^^, its explanation must of necessity be sought for through the same medium. 1 Steph, Com. 463. The word verificatio in this maxim is generally translated " evidence," or " proof;" but Bacon's own translation is " averment." See Ambiguity f Averment.