Smith v. Kibbe’s Empirical Analysis
1919
Citation profile
32 state decisions
How this case has been cited
Cited by 32 later decisions — most recently June 1973 · most notably In Re Estate of Cline (1951), Foster v. Foster (1929)
32 state decisions — followed in 11 states
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 Colorado Savings Bank v. Bales · Fisher v. Spillman · Newcomer v. Wallace · Andrews v. Morse · Morlan v. Loch
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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . Although the assumption of the debt was not expressly mentioned in the deed executed by Haney to them, the written contract executed in pursuance of a verbal agreement contained an express promise to assume and pay the debt. This promise and assumption was just as binding as if it had constituted a provision of the deed. To be valid it was not essential that the agreement be a part of the deed, nor that the promisor should have signed any writing. (Fisher v. Spillman, 85 Kan. 552 , 118 Pac. 65 .) . . .” (p. 163.)”
2 later decisions quote this exact passage · from the majoritye.g. Woodburn v. Harvey · Webb v. Graham““The liability of the testator and of the estate was a continuing one, which could be enforced at any time before the mortgage debt became barred under the ordinary limitations prescribed by the code.” (p. 165.)”
1 later decision quote this exact passage · from the majoritye.g. Baker v. Webster
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.