106 Ind. App. 692 - Brown v. Freudenberg’s Empirical Analysis
1938
Citation profile
14 state decisions
How this case has been cited
Cited by 16 later decisions — most recently January 2012
14 state decisions
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 Gladville v. McDole · Aldrich v. Aldrich · Timmonds v. Taylor · Johns v. Johns · Denlar v. Hile
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In order to take a case out of the operation of the statute of frauds, it is generally conceded that the person to whom the conveyance is to be made must have changed his position in reliance on said promise and ‘to take a parol contract for the sale of lands out of the statute of frauds, it must be shown, amongst other things, that the purchaser went into possession under the contract of sale.’ (Johns et al. v. Johns et al. (1879), 67 Ind. 440 ).” (Emphasis supplied.)”
1 later decision quote this exact passage“We believe it to be the rule that where the grantee takes such possession of the property as is consistent with the existing conditions and circumstances imposed by the contract ... specific performance should not be denied for the sole reason that the possession taken was not exclusive in the ordinary meaning of the term.”
1 later decision quote this exact passagee.g. Kiernan v. Creech““It is our opinion, therefore, that the facts found by the court are sufficient to show such possession as is necessary to take the ease out of the operation of the statute of frauds. . . .” (Emphasis supplied.)”
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.