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← 10 VI 255 - Tutein v. Daniels

Tutein v. Daniels’s Empirical Analysis

1973

Citation profile

9
cited by 9 later decisions
September 2015
most recently cited

2 district ·

How this case has been cited

Cited by 9 later decisions — most recently September 2015

2 district ·

4019731980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Jerome Pillow v. Truman Roberts · Baldwin v. Temple · Marvel v. Barley Mill Road Homes · 15 Ill. 2d 220 - Walter v. Jones · Brevard v. FORTUNE

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “In the ordinary case, it will be necessary to determine the intention of the disseisor on the basis of her actions. The acts required to accomplish adverse possession will, of course, vary depending upon the nature of the property itself and the uses to which it is adaptable ... A barren tract of land might be reduced to possession, hostile to the ownership of the record titleholder, by merely erecting a fence ... Yet, a piece of city land suitable for commercial use might require more definitive acts before one could be said to have hostilely asserted his or her claim of right. For the purposes of this case, it seems sufficient to hold that a hostile claim of right is present when one does such acts on land “as ordinarily only an owner would do, such as construction of buildings and making of improvements, or the payment of taxes” ...”
    1 later decision quote this exact passage
  2. “the intention of the disseisor, adequately communicated (either constructively or actually) to the record titleholder. . . .”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.