Muir v. Cox’s Empirical Analysis

Citation profile

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

1. ““It may be considered as settled in the United States that, on the conveyance of one of several parcels of land belonging to the same owner, there is an implied grant or reservation, as the case may be, of all apparent and continuous easements or incidents of property which have been created or used by him during the unity of possession, though they could then have had no legal existence apart from his general ownership.””

   2 later decisions quote this exact passage · from the majority
   e.g. Gentry v. Piercy · Brookshire v. Harp

2. ““No one can believe for a moment that the commissioners who partitioned the land would have assigned the lots to the parties named unless they supposed that the passways then in use would be enjoyed as had been previously done.....If the defendant, James Stone, had conveyed to James B. Stone lot No. 4, Martha E. Stone lot No. 2, and Annie Stone lot No. 3, the grant of the use of the passway would have been implied, although no mention had been made of it in the deed. The use and necessity of the passway would have been apparent. When the. deeds of partition were made, although no reference to the passway was made therein, still the grant to the use of the passways was implied. Of course, no easement would have existed so long as the decedent owned the land, as there was- a unity of ownership, and he might have at any time rearranged the several parts of his farm and discontinued the use of the passwavs; but, when there was a severance by the partition proceeding, the easements were created corresponding to the benefits and burdens mutually existing at the'time of the partition.””

   1 later decision quote this exact passage · from the majority
   e.g. Gentry v. Piercy

3. “‘ ‘ This is not a rule for the benefit of purchasers only, but is entirely reciprocal. Hence, if, instead of a benefit conferred, a burden has been' imposed, upon the portion sold, the purchaser, provided the marks of this burden are open and visible, takes the property with the servitude upon it. The parties are presumed to contract with reference to the condition of the property at the time of the sale, and neither has a right, by altering arrangements then openly existing, to change materially the relative value of the respective parts.””

   1 later decision quote this exact passage · from the majority
   e.g. Gentry v. Piercy