Fleming v. Holt’s Empirical Analysis

Citation profile

1 federal appellate · 24 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The trustee holding the legal title must be made a party in a suit in equity concerning the trust subject, and the cestui quo trust must generally be also made partios. But it is very often regarded by a court of equity, though never by a court of law, that it is immaterial whether a particular party in certain eases is made a, plaintiff or defendant. In the present case it seems to me immaterial whether the trustee, Conrad, was a party plaintiff or defendant. In suits of this character he has frequently been made a party defendant without the bill’s assigning any reason why he was not made a, plaintiff. Thus in Cope v. Parry, 2 Jac. & W. 538, Cope made a covenant with Jones, a trustee, to convey certain property to him in trust for certain parties. They instituted a suit against Cope’s assignees to enforce a specific performance of Cope’s covenant with their trustee, but they not only did not join the trustee, Jones, as a coplaintfi'f with them, hut did not even make him a defendant. The court did not dismiss the bill on that account, but simply required the plaintiffs, the cestui que trust, to make the trustee, Jones, a party defendant. In Hook v. Kinnear, 3 Swanst. Ch. 417, it was contended by counsel ‘that a chancery coral never decrees a specific execution of an agreement but at the instance of tin, party with whom the contract was made.’ But the lord chan-cello • to Ms decision says: ‘It is certain that, if one person enters into an agreement, with another for the bene”

   1 later decision quote this exact passage · from the majority
   e.g. President & Trustees of Bowdoin College v. Merritt

2. “In a sale by a trustee, the court does not accept the bid of the purchaser, but it is accepted by the auctioneer, when he knocks the land down, and on the making by him of a memorandum of the sale and its terms, signed by the auctioneer, the contract for the sale is as complete as the contract for the sale made by a commissioner is when the court accepts the bid by confirming the sale. After such knocking down of the land by the auctioneer and the making of such memorandum, the purchaser must accept the deed and pay the purchase money, though he does find the title defective. He must if he wishes to do so, investigate the title in this case, as in the other, while the contract is incomplete, that is in the last case, before land is knocked down to him.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Bardell