Johnston v. Stephens’s Empirical Analysis

Citation profile

2 federal appellate · 40 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The obvious purpose of this suit was -to cancel the deeds which were executed in pursuance of the proceedings in the probate court, and .to remove from plaintiffs’ title the cloud cast thereon by the -deeds, or any other claim of appellant to the land. These proceedings in the probate court, and every order and decree relating to the land in controversy, are specifically set out in the petition, and it is averred of each and all of them that •they are fraudulent and void. These proceedings constitute a part of appellant’s claim, and eventuated in the deeds, against both of which relief is directly sought by this suit. We think the suit is not collateral, but a direct proceeding to vacate the deeds, which may be done if the facts alleged be true, although the orders in probate stand. * * * “The proceedings in the probate court were not void, and the court erred in so holding and in excluding them from the jury. * * * “We think the court did not err in its construction of the contract entered into between appellant and his partner and the administrator and widow of James H. Durst. We think the contract admits of no other construction than that Looni-skiald & McCampbell were to render all professional services necessary in litigating the title of the estate to the lands, and to defray all expense necessary to clearing up and perfecting the titles to the lands'; to pay, compromise, or discharge, in some way, all debts established against the estate,'as conditions precedent to th”

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

2. “The facts alleged in the petition and found to be true by the court below, are sufficient to establish a fraudulent combination between the executor and his co-defendant to deprive the appellants of their interest in the estate of Mrs. Hill, such as, were the property still in their hands, to authorize a court of equity now to charge it with a trust in their hands and to constitute them trustees for those entitled to the estate. To do this, it is not necessary to set aside the decrees of the probate court ordering and confirming the sale. [Italics ours.]”

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