Burden v. Taylor’s Empirical Analysis

Citation profile

15 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the statute, as it read in the revision prior to that of 1865, it was held that where the judgment of the court is for a partition of the property and directs the land to be sold by the sheriff, the judgment is final, and an appeal therefrom must be taken at the same term at which the judgment is entered. [Durham v. Darby, 34 Mo. 447 ; Hinds v. Stevens, 45 Mo. 209 .] In the latter case a change in the law is noticed which was carried into the revision of 1865, and since then it has been uniformly held that a report by the sheriff of his proceedings under the order of sale and the approval by the court of that report is required, and that, until such approval, the case is still pending. [Pomeroy v. Allen, 60 Mo. 530 ; Parkinson v. Caplinger, 65 Mo. 290 ; Murray v. Yates, 73 Mo. 13 ; Turpin v. Turpin, 88 Mo. 337 ; Harbison v. Sanford, 90 Mo. 477 ; Holloway v. Holloway, 97 Mo. 628 ; Buller v. Linzee, 100 Mo. 95 .] “It was accordingly held in Pomeroy v. Allen, supra, that ‘in partition sales the sheriff must report his proceeding to the court, and until there is an approval or confirmation of the same, no deed can be executed. ’ Although under the statute of 1855 it was held that an appeal would lie from an order of sale in partition, it was also held under that law, that the court retained control of the sale and of the execution of the deed in pursuance thereof (Neiman v. Early, 28 Mo. 475 ; Fortune v. Fife, 105 Mo. 433 ); and that the court, having control over the exec”

   1 later decision quote this exact passage
   e.g. Clark v. Sires

2. “As will be observed, this deed is a mere skeleton, and is defective in so many respects that it would be tedious to particularize them. Although the statute under which it was executed (G.S. 1865, chap. 13, sec. 112), did not require the collector to make any recitals in the deed, or prescribe a form therefor, and undertook to make the deed conclusive evidence that the statutory requirements in regard to the sale and transfer of a citizen's property for delinquent taxes, had been complied with, except in the three particulars therein mentioned; yet it was held that, as the power of the collector to make such transfer depended upon a compliance with those requirements, it was not within the power of the legislature to dispense with proof of such as were essential, and, unless it affirmatively appeared from the recitals of the deed that the essential prerequisites of the statute had been substantially complied with, the deed was void on its face and would convey no title, and that such statements of the collector as, that `legal notice had been given as the law directs', or of his conclusions as to other jurisdictional facts, amounted to nothing”

   1 later decision quote this exact passage
   e.g. Burris v. Bowers