patent ambiguity

Defined in 5 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910)

Definitions from Case Law

From 77 U.S. 263 - Deery v. Cray · 1869Most cited · 11 citing opinions

an uncertainty which inhered in the essence of the description, rendering it incapable of being applied to the subject-matter

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

One arising from the words of an instrument, and hence obvious on its face before attempting to apply the words to the subject matter. See "Latent Ambiguity."

Ballentine's Law Dictionary

James A. Ballentine · 1916

An ambiguity arising when the instrument on its face, or aided by judicial construction, equally describes two or more persons or things. See 124 Ala. 508, 82 Am. St. Rep. 196, 27 South. 406.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

An ambiguity which appears upon the face of an instrument. It is a settled rule that extrinsic evidence is not admissible to explain such an ambiguity. The general rule on the subject is thus stated in 2 Eng. Rul. Cas. 707: “Where a legal relation is sought to be established by means of a written instrument, if an uncertainty of intention appear by the expression of the instrument itself, the true intention cannot be ascertained by the aid of extrinsic evidence. For, as said by Lord Bacon (Maxims, Reg. 23), 'ambiguitas patens cannot be holpen by averment/ ” 5 Bing. N. C. 425. See Ambiguity; Latent Ambiguity.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

See Ambiguity.

Defined under Patent in Black's Law Dictionary.