 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 106av Albert Hutchinson Putney - 1908Uten tilgangsbegrensning - Om denne boken
 | James McSherry, Nicholas Charles Burke - 1914 - 430 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 the plurality of gifts or rights with an intention expressed... | |
 | 1914 - 1350 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.'1 Howard v. JP Paulson Co. (Utah) 127 Гас. 284, 286 (quoting and adopting definition In 3... | |
 | Ocie Speer - 1916 - 1174 sider
...supreme court in a deed case : i* "Election, in the sense here used, 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... | |
 | Missouri. Supreme Court - 1918 - 870 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." Note that the intention must be "clear." In Schorr v. Etling, 124 Mo. 42, it was claimed that a devise... | |
 | Walter A. Shumaker, George Foster Longsdorf - 1922 - 1150 sider
...more, to discharge certain duties in a state, corporation, or society. The obligation imposed upon a party to choose between two inconsistent or alternative...whom he derives one that he should not enjoy both. Of Officers. The choice of officers of Of Right«. The right or duty of one who, by contract or donation,... | |
 | Mark Boothby Dunnell - 1922 - 1024 sider
...between two inconsistent or alternative rights or claims, where there is a clear intention on the part of the person from whom he derives one that he should not enjoy both. It is sometimes defined as a choice which a party is compelled to make between the acceptance of a... | |
 | James Webster Eaton - 1923 - 738 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.1 66. The doctrine of election may also be stated thus: When a person purports to give away to... | |
 | California. District Courts of Appeal - 1924 - 942 sider
...a party to choose between two inconsistent or alternative rights or claims in cases when there is a clear intention of the person from whom he derives one that he should not enjoy both . . . ; a person cannot accept the benefit intended for him and at the same time reject the will by... | |
 | Virginia. Supreme Court of Appeals - 1924 - 970 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. (Allison v. Allison, 99 Va. 472, 476, 39 S. E. 130.) The former rule is said not to be generally favored... | |
 | 1926 - 1056 sider
...Jurisprudence (13th Ed.) § 1075 et seq., as follows: • "Election * * • is the obligation imposed upon a party to choose between two inconsistent or alternative...one that he should not enjoy both. • • • The party who is to take has a choice but he cannot enjoy the benefits of both." (Italics mine.) It will... | |
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