Section 23-1-24. When election between benefits compelled  


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  •    A case of election arises whenever a person is entitled to one of two benefits, to each of which he has legal title; but the enforcement of both would be unconscionable and inequitable to others having claims upon the same property or fund. In such cases equity may compel an election.
Orig. Code 1863, § 3092; Code 1868, § 3104; Code 1873, § 3161; Code 1882, § 3161; Civil Code 1895, § 4012; Civil Code 1910, § 4609; Code 1933, § 37-501.