Public-domain · open source
OpenJurist
← 113 N.Y. 485 - Loos v. . Wilkinson

Loos v. . Wilkinson’s Empirical Analysis

1889

Citation profile

65
cited by 65 later decisions
3
cited 3 times by the Supreme Court
13
states following
February 2004
most recently cited

4 federal appellate · 2 district · 50 state decisions

How this case has been cited

Cited by 65 later decisions (3 by the Supreme Court) — most recently February 2004 · most notably McCandless v. Furlaud (1935), Hamilton National Bank v. Halsted (1892)

4 federal appellate · 2 district · 50 state decisions — followed in 13 states

1601889189019001910192019301940195019601970198019902000decided

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 Railroad Company v. Soutter et al. · Tremaine v. Hitchcock & Co. · 5 Johns. Ch. 388 - Van Horne v. Fonda · Boyd v. Dunlap · Sands v. Codwise

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

  1. ““We have carefully examined these authorities, and they furnish very little, if any, countenance for the contention of the plaintiffs. They are all cases where the fraudulent grantee was asking for the active interference of some court for his protection, or for his reimbursement for improvements, for moneys paid in pursuance of the fraudulent arrangement with his grantor, or to discharge incumbrances, or to secure to him the payment of a debt due to him from the fraudulent grantor, or where he was compelled to account for profits which he had actually made, or could have made, out of the property fraudulently conveyed; and the equitable rule was enforced that ‘he who hath committed iniquity shall not have equity,’ which is merely another way for saying ‘that one who comes into a court of equity seeking its aid must come with clean hands.’ But in none of them was the question really involved or discussed with which we are now dealing, with the possible exception of three cases to which we now call attention. . . . “In Thompson v. Bickford, the court said: ‘In equity, a conveyance set aside as constructively fraudulent is upheld, in favor of one not guilty of actual fraud, to the extent of the actual consideration, and is vacated only as to the excess. But if there be actual fraud there is no difference between law and equity. The conveyance is considered as void ab initio, and set aside entirely, and cannot stand as security to the fraudulent grantee. It is the same thing as ”
    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.