A transfers to B an estate to which C is entitled, and as part of the same transaction gives C a…

The illustration to the eighth paragraph of section 35 holds that C "has thereby confirmed the transfer of the estate to B". Knowledge of the duty to elect, or waiver of enquiry, "may be inferred from any act of his which renders it impossible to place the persons interested" in their former condition, and exhausting the mine is such an act. The transfer is not void merely because A did not own the estate; the doctrine of election exists for exactly that case.