Holt v. Hamlin’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is clear that under section 3262 (Shannon’s Code, sec. 5010) [now T.C.A. sec. 23-2101] the idea of a concurrent possession is also prominent — any person having an estate * * * in lands and holding and. being in possession thereof, as tenants in common or other wise with others’ * * *. This idea of concurrent possession may be thus illustrated: Two or more persons holding* in fee, which is the common case; two or more holding for life, and a third person holding a part of the same tract in fee (Rutherford v. Rutherford, 116 Tenn. 383 -386, 92 S.W. 1112 ), two or more holding for years; one holding an undivided interest in fee, and another an undivided interest for life, with remainder to a third person in fee (Freeman v. Freeman, 9 Heisk. 301 ). Either one of the persons so situated may have a partition when the land is susceptible of it, or a sale for division when the requisites therefor are made to appear, subject to the qualification that, where the purpose of the bill is to effect a division between persons whose estates are less than a fee, a sale cannot be had of all the interests in the land unless it be made to appear that such sale would be beneficial to all. Rutherford v. Rutherford, supra.””

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

2. ““It is perceived from the parts of the two sections which we have indicated by italics that a difference is made between the case of one who holds an estate for life ‘in any individual share of the premises’ and one who owns such an estate ‘in the whole of the premises’; the former being bound, and the latter not bound. This clearly indicates that one who owns a life estate in the whole of the premises does not enter into the scheme of partition at all; that such one is neither entitled to its benefits nor subject to its burdens. Is the same rule found operative, when we reach the sections which permit sales for division in lieu of partition in kind and regulate the practice?””

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