Davis v. Willson’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““She had the right to mortgage her contingent interest. Section 2341 of the Kentucky Statutes of 1899 provides: ‘Any interest in, or claim to, real estate, may be disposed of by deed, or will, in writing.’ In construing this section, this court, in the case of the Bank of Louisville v. Baumeister, 87 Ky. 6 [ 9 Ky. Law Rep. 845 ], 7 S. W. 170 , said: ‘And that the right to dispose of such interest or claim was intended to include the right to mortgage, as well as to sell absolutely, is unquestionable ; for it is well settled that every kind of interest in real estate may be mortgaged, if it be subject to sale and assignment. Jones on Mortgages, sec. 136.’ The court then held that an option upon real property was such an estate as was subject to sale and mortgage. In the case of Overton v. Means, 2 Ky. Law Rep. 211 , this court said: ‘Whether an interest by devise in lands is vested or contingent, it is vendible, and subject to sale for the satisfaction of debts.’ In the case of White’s Trustee v. White, 86 Ky. 603 [ 9 Ky. Law Rep. 757 ], 7 S. W. 26 , it is said: ‘It is contended that by the common law the contingent remainder could not be sold by a decree of court for the reason that the decree could operate on the title only, and, as no title passed to the contingent remaindermen until the happening of the contingency, there could be no sale in the interim by a decree of court. But section 6, art. 1, c. 63, Gen. St. (section 2341, Ky. St.), provides: “Any interest in, or clai”

   1 later decision quote this exact passage
   e.g. Hurst v. Russell