Sigmon v. . Hawn
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1881,, of Burks Superior Court, before Seymour, J. ■ When this cause was before the court at the last term (86 N. C., 310) it was remanded in order that it might be certainly ascertained, whether the land which is now the subject of controversy had been embraced in the plaintiff’s petition for dower, and had been treated by the parties and recognized by the court as belonging to the estate of her late husband, whereby she might be estopped…
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Civil Action tried at Fall Term, 1881,, of Burks Superior Court, before Seymour, J. ■ When this cause was before the court at the last term (86 N. C., 310) it was remanded in order that it might be certainly ascertained, whether the land which is now the subject of controversy had been embraced in the plaintiff’s petition for dower, and had been treated by the parties and recognized by the court as belonging to the estate of her late husband, whereby she might be estopped from, asserting her present claim to it. It is tow admitted by counsel for the defendant, that such is not the case, and…
1Opinion of the Court
Ruffin, J.,
after stating the facts. This court cannot concur in the view which the learned judge seems to have taken of the law governing the case.
Whenever there is a plurality of rights, with a clear intention, express or implied, of the party from whom one is derived, that both shall not be enjoyed, the doctrine of election is enforced by the courts. The person who is to take has a choice, but cannot enjoy the benefits of both. 2 Story’s Eq. Jur., § 1075.
The foundation of the rule is, that no one can be permitted to accept and reject the same instrument; and in every case, therefore, coming…
2Cited by10 opinions
- Lovett v. StoneSupreme Court of North Carolina · 1954
- Elmore v. . ByrdSupreme Court of North Carolina · 1920
- Earnhardt v. Clement.Supreme Court of North Carolina · 1904
- McGehee v. . McGeheeSupreme Court of North Carolina · 1925
- Varner v. . JohnstonSupreme Court of North Carolina · 1893
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