McGahan v. Anderson’s Empirical Analysis

Citation profile

4 federal appellate · 5 district · 1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As to the homestead exemption, the evidence of the bankrupt is by no means satisfactory. lie admits that he began the erection of the ‘house in July or August, 1880 — after Inly 1st.’ He does not make a candid disclosure as to where the money came from to build this house, but, when pressed, admitted that a part of it ‘came from the sale of goods which he had not paid for.’ He fails to disclose how much money came from the goods which Iw liad purchased and never paid for. He alone was possessed of the Information upon the subject. It was his duty, in setting up a claim to a homestead, to show by clear and conclusive proof that at the time he built the house upon the property he was in a solvent condition, and able to satisfy aU the claims against him,' before he could take money from his business for the purpose of securing a homestead. The fair deduction from all the evidence In this case tends clearly io prove that at the time he commenced the erection of this house he was in a failing condition, if not insolvent. He built this house upon a lot owned by.his wife, and afterwards had it conveyed to himself in order that he might have it set apart as a homestead. This is a most potential fact to show that he was shaping his course to protect himself as far as possible from the consequence of bankruptcy, which the evidence tends to show was imminent at that time, for on the 25th day of October following a petition of involuntary bankruptcy was filed against him, and in less th”

   1 later decision quote this exact passage · from the majority
   e.g. Freedman Bros. v. Parker

2. ““For the reason that under the provisions of the Constitution of South Carolina money derived from the sale of merchandise on which the. purchase money is still due cannot be set aside as an exemption, and it would be unjust to the creditors to do so. * * * The court is further of the opinion that the exception to the judgment of the court below as to the personal property exemption of $500 should be overruled; this court holding that the allowance of $75 as a personal property exemption and the disallowance of $425 (proceeds of sale of merchandise upon which the purchase money had not been paid) is correct.””

   1 later decision quote this exact passage · from the majority
   e.g. Cannon v. Dexter Broom & Mattress Co.