Savings Bank v. Creswell’s Empirical Analysis

Citation profile

20 federal appellate · 1 district · 25 state decisions

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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We may, as an additional reason, suggest a principle often called into action in recent times in the courts; namely, that where one of two innocent persons must suffer a loss, it should fall on him who by reasonable diligence or care could have protected himself, rather than on him who could not. In the case supposed, the second purchaser, at the time of his purchase, knowing that the land which he buys is subject to the incumbrance before that already sold, can exact of the vendor security or protection against the incumbrance, which it is out of the power of the first vendor to do at the time his risk is increased by the very act of the second purchaser.””

   2 later decisions quote this exact passage · from the majority
   e.g. Fidelity & Casualty Co. v. Massachusetts Mut. Life Ins. · Williamson v. Skerritt

2. ““If there be several purchasers in succession, at different times, I apprehend in that casé, also, there is no equality and no contribution, as between these purchasers. Thus, for instance, if there be a judgment against a person owning at the time three acres of land, and he sells one acre to A., the two remaining acres are first chargeable in equity with the payment of the judgment debt, as we have already seen, whether the land be in the hands of the debtor himself or his heirs. If he sells another acre to B., the remaining acre is thén chargeable in the first instance with the debt as against B., as well as against A., and, if it should prove insufficient, then the acre sold fb B. ought to suppiy the deficiency in preference to the acre sold to A., because, when B. purchased, he took his land chargeable with the debt in the hands of the debtor, in preference to the land already sold to A. In this respect we may say of him, as it is said of the heir, he sits in the seat of his grantor, and must take it with all its equitable burdens.””

   1 later decision quote this exact passage · from the majority
   e.g. Neely v. Williams