Silvers v. Howard’s Empirical Analysis

Citation profile

12 federal appellate · 2 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is sometimes said that a constructive trust will arise whenever it would be inequitable for the person holding the legal title to retain the property. The statement is too broad, and if applied literally, would nullify the first and sixth sections of the trust statute. However inequitable and morally reprehensible it may be that property conveyed upon an express oral trust should be retained in violation of the agreement, a trust may not, under those circumstances, be engrafted upon a deed absolute in its terms, because if that were the rule, deeds would no longer be valuable as muniments of title. In the opinion of the legislature, it is better for the social order and general welfare that a few persons, who might not observe the statute, should suffer hardship, than that the security of all titles should be destroyed.” (Silvers v. Howard, 106 Kan. 762, 768 , 190 Pac. 1 .)”

   2 later decisions quote this exact passage · from the majority
   e.g. Young v. Jackson · Dye v. Parker

2. ““No trust concerning lands except such as may arise by implication of law shall be created, unless in writing signed by the party creating the same, or by his attorney thereto lawfully authorized in writing.””

   2 later decisions quote this exact passage · from the majority
   e.g. Mullen v. Hume · Young v. Jackson

3. “a confidential relation, a transaction inducted by the relation, and a breach of the confidence reposed,”

   2 later decisions quote this exact passage · from the majority
   e.g. Small v. Small · Topeka Motor Freight, Inc. v. Yeakel