 | Connecticut. Supreme Court of Errors - 1894 - 712 pages
...must enforce the election made. What then is an election ? This court itself there denned it to be " the choosing between two rights, by a person who derives...intention appears that he should not enjoy both;" and further said, that "the legal effect of taking one is to discharge the other." Such election to... | |
 | Thomas Spence - 1864 - 456 pages
...average. Election and satisfaction are two other subjects of adjustive equity. Election is the choice between two rights by a person who derives one of...intention appears that he should not enjoy both. The instances in which courts of law have put a person to his election are eases of title, which, by reason... | |
 | 786 pages
...286.) IX. What is the equitable doctrine of "election?" Give an example. ANS. — Election in equity is the choosing between two rights by a person who...clear intention appears that he should not enjoy both. As if A. bequeaths B.'s property to C. and gives a legacy to B., B. cannot insist on being paid the... | |
 | 504 pages
...the country where it is situate. (Vol. vp 149.) ELECTION.— [Vol. vp 64,]— What— Devise.— An election is the choosing between two rights by a person who derives one o» them under an instrument in which a clear intention appears that he should not enjoy both. (Vol.... | |
 | 1870 - 1012 pages
...Atk. 446); Tudor's Lead. Cas. Eq. vol. ii. 3rd ed. 90 ; Smith's Manual of Equity, 7th ed. 335). 12. Election is the choosing between two rights by a person...intention appears that he should not enjoy both. The doctrine of election arises in equity in cases where a grantor or testator gives away, either knowingly... | |
 | Josiah William Smith - 1870 - 730 pages
...CH. 4. Definition. Principle (if election. Where election arisen in equity. CHAPTER IV. OF ELECTION. ELECTION is the choosing between two rights, by a...intention appears that he should not enjoy both. The principle of election is, that no one shall claim under and in opposition to the same instrument. There... | |
 | Richard Hallilay - 1873 - 216 pages
...is a sufficient excuse for the commission of many misdemeanors. EIGNE. The first-born or eldest. E. ELECTION, is the choosing between two rights by a...instrument in which a clear intention appears that he shall not enjoy both. As, if A. by his will bequeath B.'s property to 0., and give a legacy to B.,... | |
 | Henry Foulks Lynch - 1874 - 460 pages
...stay of proceedings. (Lynch's Statute Law, 1873, p. 17.) ELECTION. What is the doctrine of election ? Election is the choosing between two rights by a person...clear intention appears that he should not enjoy both. If A. by his will bequeaths B.'s property to C. and gives a legacy to B., can B. insist on being paid... | |
 | Josiah William Smith - 1880 - 716 pages
...see Thompson v. Hudson,LR 2 Eq. 612; 2 Ch. Ap. 255; 4 HL 1.) 678. CHAPTER IX. OF ELECTION. TIT. in. ELECTION is the choosing between two rights, by a person who derives one of them under tlon' an instrument in which a clear intention appears that he should not enjoy both. 679. iostances... | |
 | 1904 - 1038 pages
...confers and rights under an assignment. He has chosen between two rights, one of which is derived from an instrument in which a clear intention appears that he should not enjoy both. Simonson v. Sinheimer, 95 Fed: 948, 37 CCA 337; Brandenburg on Bankruptcy (3d Ed.) § 923. It followed... | |
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Election is the choosing between two rights by a person who derives one of them under an instrument in which a clear intention appears that he should not enjoy both. 
