Milner v. McDaniel’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It has often been determined by the Supreme Court of this state that, upon the death of an owner using and occupying property as a homestead, when there remains a constituent member of the family (wife, husband, minor child, or unmarried daughter), the title passes to all of the heirs and is subject only to the right of use by those entitled to occupy it as a homestead ; the estate thus taken by the heirs to the property is unburdened by the claims of creditors of the community estate. Childers v. Henderson, 76 Tex. 664 , 13 S.W. 481 ; Cameron v. Morris, 83 Tex. 14 , 18 S.W. 422 ; Zwernemann v. Von Rosenberg, 76 Tex. 522 , 13 S.W. 485 ; Lacy v. Lockett, 82 Tex. 190 , 17 S.W. 916, 918 ; Roots v. Robertson, 93 Tex. 365 , 55 S.W. 308 . ***** “The foregoing authorities firmly establish the principle that a homestead cannot be subjected to the payment of community debts when there remains any constituent member of a family, as designated by the Constitution and statutes of this state, to take and occupy it as such. Under such circumstances it descends and vests in all the heirs free from community debts, even though some of the heirs may be adults and not entitled to any homestead interest in the property.””

   2 later decisions quote this exact passage · from the majority
   e.g. First Coleman Nat. Bank of Coleman v. Vaughan · In Re Estate of Casida