Fussell v. Gregg’s Empirical Analysis

Citation profile

28 federal appellate · 6 district · 15 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 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We think that the averments of the bill do not entitle the plaintiff to relief. Her case, as alleged, is that she has an equitable estate in fee in the premises in dispute, and that the defendants, except Gregg and Kendrick, are in possession without title; in other words, are naked trespassers. The theory of her bill seems to be that, because she has an equitable title only, and for that reason could not recover in an action at law, a court of equity has jurisdiction of her case. But this is plainly an error. Mr. Justice Bradley, in Young v. Porter, 3 Woods, 342 . 1 To give a court equity jurisdiction the nature of ilie relief asked must be equitable, even when the suit is based on an equitable tille. The plaintiff does not allege that the defendants who are in possession of the premises, have the legal title, or that they obtained possession under any person who had it. Nor does she state any facts which connect them with her equity. They being mere naked trespassers, in possession, she prays that they may be turned out of, and she, who has only an equitable title, may be put in possession. The relief prayed for is such as the court of law is competent to grant, if the plaintiff’s title would justify it. But the plaintiff does not seek by her bill to better, her title. If all the relief asked for w'ere granted, she would still .have an equitable title only. The case is therefore an ejectment bill brought on an equitable title.” •”

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Bourbon County · Anderson v. Sharp

2. “Provided, That no locations as aforesaid within the above-mentioned tract shall, after the passage of this act, be made on tracts of land for which patents had been previously issued, or which had been previously surveyed; and any patent which may nevertheless be obtained for land located contrary to the provisions of this section shall be considered as null and void.”

   1 later decision quote this exact passage · from the majority
   e.g. Coan v. Flagg

3. ““Sec. 2. That all legal surveys returned to the Land Office on or before March third, eighteen hundred and fifty-seven, on entries made on or before January first, eighteen hundred and fifty-two, and founded on unsatisfied Virginia military Continental warrants, are hereby declared valid.””

   1 later decision quote this exact passage · from the majority
   e.g. Coan v. Flagg