Ambiguitas

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.