Thomas v. Fulford’s Empirical Analysis

Citation profile

2 district · 7 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But it must be observed that the court could not amend the Constitution, and amid this conflict of decisions the path of safety is to return to the letter of the Constitution, ‘lest we make the word of none effect by our traditions.’ The words to be found in the Constitution provide this — merely this and nothing more: ‘Every homestead * * * not exceeding in value one thousand dollars, * * * owned and occupied by any resident of this state, * * * shall be exempt from sale under execution.’ Clearly this is a cessat executio, and exemption from sale of that lot in favor of the ‘owner and occupier.’ When, by conveyance in the constitutional mode, he ceases to be owner and occupier, the exemption from sale ceases. He cannot assign and convey the exemption from sale to any one else, nor is his right to a homestead forfeit-able. It is personal, and follows him as a constitutional right, to be asserted by him as long as he lives, and by his minor children, if he leaves any at his death, to any future lot which he may select as his homestead, and as often as he changes his residence by conveying the one he has. It is said, and doubtless with truth, that the constitutional convention of 1868 voted down the proposition to make the homestead a fee simple, and made it a life exemption, on the ground that the latter was more favorable to the debtor, for if the homestead were an estate in fee simple, annexed to and running with, the land, a conveyance of it would deprive the grantor-of al”

   1 later decision quote this exact passage · from the majority
   e.g. In re Owings