Everitt v. Higgins’s Empirical Analysis
1992
Citation profile
1 district · 7 state decisions
How this case has been cited
Cited by 10 later decisions — most recently January 2016
1 district · 7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Minich v. Gem State Developers, Inc. · DeLancey v. DeLancey · T-Craft Aero Club, Inc. v. Blough · McNelis v. McNelis · Ace Realty, Inc. v. Anderson
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) the nature of the article; (2) the manner of annexation to the land; (3) the injury to the land, if any, by its removal; (4) the completeness with which the chattel is integrated with the use to which the land is being put; (5) the relation which the annexer has with the land such as licensee, tenant at will or for years or for life or fee owner [sic]; (6) the relation which the annexer has with the chattel such as owner, bailee or converter; (7) the local custom respecting treating such chattel as personal property or a fixture; (8) the time, place and degree of social, economic and cultural development, (e.g., a luxury in one generation is a necessity in another ...); and (9) all other relevant facts surrounding the annexation.”
2 later decisions quote this exact passage“it is a necessaiy, or at least a useful, adjunct to the realty, considering the purposes to which the realty is devoted.” Id. (citing Everitt). But, as held in Rencher , for an object to become a fixture and, thus, part of the realty, all “three essential elements [— annexation, adaption, and intention — ] must concur.” Id. at . The district court in Rencher found a question of fact as to the fuel tank being a”
1 later decision quote this exact passagee.g. In re Ryerson
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.