McDowell v. McMurria’s Empirical Analysis

Citation profile

4 federal appellate · 1 district · 27 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under our statute, a homestead could, on the application of McMurria, only be set apart for the benefit of his family out of his own property. Civ. Code, § 2828. Inasmuch, however, as, prior to his application, the title by his own voluntary act had passed out of him, it follows that such homestead could not legally be granted. This is true whether the deed of conveyance was made with a good or a fraudulent intent. Cassell v. Williams, 12 Ill. 387 ; Sumner v. Sawtelle, 8 Minn. 309 (Gil. 272); Huey’s Appeal, 29 Pa. 219 . In Re Graham, 2 Biss. 449 , Fed. Cas. No. 5,660, the court, ruling on this question, said: ‘In attempting to place his property beyond the reach of his creditors, he has placed his exemptions beyond his own reach.’ It follows, from what has been said, that the receiver should not have been restrained from the execution of the decree of the superior court of Calhoun county to. sell the property, because of the application of McMurria for homestead.””

   1 later decision quote this exact passage
   e.g. Bashinski v. Talbott

2. “The following acts by debtors shall be fraudulent in law against creditors and others, and as to them null and void, viz: . . 2. Every conveyance of real or personal estate, by writing or otherwise, and every bond, suit, judgment, and execution, or contract of any description had or made with intention to delay or defraud creditors, and such intention known to the party taking.”

   1 later decision quote this exact passage
   e.g. McGahee v. McGahee