Marshburn v. Stewart’s Empirical Analysis
1923
Citation profile
66 state decisions
How this case has been cited
Cited by 68 later decisions — most recently July 1978 · most notably Miles v. Martin (1959), Hartel v. Dishman (1940)
66 state decisions
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 Patty v. Middleton · Eylar v. Eylar · Baldwin v. Root · Bounds v. Little · Tweed v. Western Union Telegraph Company
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Before he [Marshburn] can be charged with knowledge of the basis of the claim of said heirs and its consequent validity, it must appear that the inquiry suggested by the fact that the said heirs had theretofore asserted a claim to said land, if followed with reasonable diligence, would necessarily have led to actual knowledge of the basis and validity of such claim.””
2 later decisions quote this exact passage““The law having invested Mrs. Aiken, as survivor of the community, with the apparent legal title in fee simple to this land, and such apparent title having passed to Marshburn for an adequate * * * consideration, we think before defendants in error [appellants in the Court of Civil Appeals] can defeat the same they must further show that at the time he purchased he had notice of their rights, or that he had notice of facts sufficient to put him upon inquiry, and that such inquiry, pursued with reasonable diligence, would have necessarily discovered the real facts upon which their claim to the land involved in this suit is predicated.””
1 later decision quote this exact passagee.g. Marshburn v. Stewart““We think the burden of proof in this case is controlled by the provisions of our statute which made the land involved herein apparently the common property of Aiken and his wife. In a contest between them in their lifetime he would have had to establish any claim to the contrary by proof. After his death, before the heirs of his separate estate could have recovered such land from her they would have had the burden of establishing their claim thereto in like manner,””
1 later decision quote this exact passagee.g. Marshburn v. Stewart
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.