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" The doctrine of election, strictly so called, is derived from the civil law, and is the obligation imposed upon a party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom... "
Equity jurisprudence. Trusts. Equity pleading - Side 106
av Albert Hutchinson Putney - 1908
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The Law Lexicon, Or Dictionary of Jurisprudence: Explaining All the ...

John Jane Smith Wharton - 1848 - 726 sider
...party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both. Every case of election, therefore, presupposes a plurality of gifts or rights, with an intention, expressed...
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Philadelphia Reports, Volum 12

Henry Edward Wallace - 1882 - 696 sider
...party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both. It is of the nature of an election used in, this sense that when once made it is final, and cannot...
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Commentaries on Equity Jurisprudence: Founded on Story

Sir Thomas Wardlaw Taylor - 1875 - 632 sider
...party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both. Every case of election, therefore, presupposes a plurality of gifts or rights, with an intention, express...
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Weekly Notes of Cases Argued and Determined in the Supreme Court of ..., Volum 9

1881 - 628 sider
...party to choose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both. It is of the nature of an election used in this sense that when once made it is final, and cannot be...
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A Treatise on the Law of Executors and Administrators, Volum 2

Sir Edward Vaughan Williams, Walter Vere Vaughan Williams - 1877 - 816 sider
...party to choose between two inconsistent or alternative rights or claims in cases where there is a clear intention of the person from whom he derives one, that he should not enjoy both. Every case of election presupposes a plurality of gifts or rights, with an intention, express or implied,...
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The Pacific law encyclopedia

Jabez Franklin Cowdery - 1878 - 842 sider
...party to chose between two inconsistent or alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one that he shall not enjoy bothIn Contracts, when a debtor is obliged to do one of two things, as to pay one hundred...
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Digest of the Questions Set in the Bar & Solicitors Final Examinations for ...

Joseph Alexander Shearwood - 1879 - 456 sider
...person to choose between two inconsistent and alternative rights or claims, in cases where there is a clear intention of the person from whom he derives one that he should not enjoy both, and it always, therefore, pre-supposes a plurality of gifts or rights with an intention express or...
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Dictionary of Terms and Phrases Used in American Or English ..., Volum 1

Benjamin Vaughan Abbott - 1879 - 1054 sider
...party !•> cluvtf between two inconsistent or alternativ rights or claims, in caees where there is t clear intention of the person from whom he derives one that he should not enjoy bum. Every case of election, therefore, prvsupposes a plurality of gifts or right«, with an intention,...
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The Boke Named The Gouernour, Volum 1

Sir Thomas Elyot - 1883 - 558 sider
...lib. i. cap. 40. • ' Election, 1 in a legal and technical sense, 'is the obligation imposed upon a party to choose between two inconsistent or alternative...whom he derives one, that he should not enjoy both. Every case of election, therefore, presupposes a plurality of gifts or rights, with an intention, express...
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Wharton's Law-lexicon: Forming an Epitome of the Law of England; and ...

John Jane Smith Wharton - 1883 - 908 sider
...person to choose between two inconsistent or alternative rights, or claims, in cases where there i» a clear intention of the person from whom he derives one, that he should not enjoy both. Every case of election, therefore, presupposes a plurality of gifts or rights, with an intention, expressed...
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