 | Henry Stalman - Copyhold - 1827 - 454 pages
...late learned Chancellor of Ireland, has thus expressed himself upon the doctrine of election : — " The general rule is, that a person cannot accept and...wills, though principally in cases of wills; because deeds, being generally matter of contract, the contract is not to be interpreted otherwise than as... | |
 | Joseph Story - Equity - 1870 - 912 pages
...Kirwan (2 Sch. & Lefr. 449, 450), illustrate the principle very clearly. "The general rule," says he, " is, that a person cannot accept and reject the same...wills ; though principally in cases of wills ; because deeds, being generally matter of contract, the contract is not to be interpreted otherwise than as... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1872 - 836 pages
...performing the conditions of it, expressed or implied ; and 2. That the foundation of the rule of election is, that a person cannot accept and reject the same instrument : and that this rule is equally applicable to every species of instrument, whether deed or will. The same... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 916 pages
...but Lord Redesdale in Birmingliam v. Kirwa?i(') puts them exactly on the same footing. He there says: "The general rule is that a person cannot accept and...and this is the foundation of the law of election." This case appears to me to be completely within this principle. I look upon the settlement in question... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...policy, and collecting it, is now concluded, upon the principle of election, from denying its validity. " The general rule is. that a person cannot accept and reject the same instrument." 2 Story's Eq. Jur., § 1077, n. 2. " This same rule of election applies to every species of right."... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1878 - 940 pages
...decision of this case to be that which is so well stated by Lord Redesdale in Birmingham v. Kinoan (') : " The general rule is, that a person cannot accept and...wills, though principally in cases of wills, because deeds being generally matter of contract, the contract is not to be interpreted otherwise than as the... | |
 | John Norton Pomeroy - Equitable remedies - 1881 - 740 pages
...in a decision which has since been regarded as leading: " The general rule is that a person can not accept and reject the same instrument, and this is...of the law of election, on which courts of equity have grounded a variety of decisions in cases both of deeds and of wills."1 Thia being the true criterion,... | |
 | Law - 1919 - 924 pages
...the same time conforming to all its provisions and renouncing every right inconsistent with them." "The general rule is that a person cannot accept and...and this is the foundation of the law of election." Birmingham v. Kirwan, 2 Sch. & Lef. 444, 449. It was stated by Lord Hatherley in Cooper v. Cooper,... | |
 | Sir Horatio Hale Shephard - 1887 - 380 pages
...attempted, without acquiescing in it. Lord Eedesdale expressed the rule in the following words : — " The general rule is that a person cannot accept and reject the same instrument, and " this ia the foundation of the law of election, on which Courts of equity in particular " have grounded a... | |
 | Law reports, digests, etc - 1891 - 932 pages
...appellants. '//•„ John G. Johnson for appellees. NoTE-TTíH«; rule of election between rights. A person cannot accept and reject the same instrument;...this is the foundation of the Law of ¡ Election. Morrison v. Bowman, 20 Ciil. 348; Apper- ' son v. Bolton, Я) Ark. 41H; Ailing v. Chatfleld, tí Conn.... | |
| |
The general rule is, that a person cannot accept and reject the same instrument : and this is the foundation of the law of election... 
