2. There are two sorts of amiguities of words, ambiguitas latens and ambiguitas patens.
3.
The first occurs when the deed or instrument is sufficiently certain
and free from ambiguity, but the ambiguity is produced by something
extrinsic, or some collateral matter out of the instrument; for example,
if a man devise property to his cousin A B, and he has two cousins of
that name, in such case parol evidence will be received to explain the
ambiguity.
4.
The second or patent ambiguity occurs when a clause in a deed, will, or
other instrument, is so defectively expressed, that a court of law,
which has to put a construction on the instrument, is unable to collect
the intention of the party. In such case, evidence of the declaration of
the party cannot be submitted to explain his intention, and the clause
will be void for its uncertainty. In Pennsylvania, this rule is somewhat
qualified. 3 Binn. 587; 4 Binn. 482. Vide generally, Bac. Max. Reg. 23;
1 Phu. Ev. 410 to 420; 3 Stark. Ev. 1021 ; I Com. Dig. 575; Sudg. Vend.
113. The civil law on this subject will be found in Dig. lib. 50, t.
17, 1. 67; lib. 45, t. 1, 1. 8; and lib. 22, t. 1, 1. 4.
No comments:
Write comments