Manry v. Robison’s Empirical Analysis

Citation profile

3 federal appellate · 75 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The status of the law in Texas when we adopted the common law as the rule of decision in 1840 was as follows: Texas owned the beds of all perennial streams, regardless of navigability, whether grants of land adjacent were made by Spain and Mexico prior to March 2, 1836, or by the Republic of Texas prior to the act of 1837, by virtue of the civil law of Mexico. Hall’s Mexican Laws, §§ 1390, 1406; Angelí on Watercourses (6th Ed.) § 550; State v. Grubstake Investment Association, 117 Tex. 53 , 297 S.W. 202 , and authorities there cited. The Republic also owned the beds of all streams touching grants made subsequent to that date and prior to the act of 1840, whether perennial or not, where the beds were as wide as 30 feet, under the Mexican civil law as modified by the act of 1837.””

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

2. ““The authorities all agree that under both the civil law (including the Mexican civil law) and the common law, when a river by erosion occupies land previously unoccupied by it, the owners lose title; that is, the boundary line between the coterminous estates follows the movement of the stream, with the result that one owner loses land by erosion, and the other acquires land not previously owned by him, by accretion or reliction. . . .””

   1 later decision quote this exact passage · from the majority
   e.g. Coastal Industrial Water Authority v. York

3. ““In fk» tidewater sections of navigable streams the king, it is said, owned the rivers, including the beds, but held them in trust for the public. . . This ownership, however, was based, not upon navigability alone, but upon the sovereign’s ownership of the sea. In so far as the tide ebbed and flowed, the rivers were regarded as arms of the sea, and since the king was lord of the sea, he was proprietor of the land beneath it.”

   1 later decision quote this exact passage · from the majority
   e.g. Coastal Industrial Water Authority v. York