Brazee v. Schofield’s Empirical Analysis

Citation profile

4 federal appellate · 4 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is undoubtedly true that the donation act requires for the completion of a settler’s right to a patent not only that he should reside upon the land and cultivate it for four years, hut that he should notify the surveyor general of the precise land he claims. The object of the law was to give title to the party who had resided upon and cultivated the land, and who was therefore in equity and justice better entitled to the property than others who had neither resided upon nor cultivated it. But it was also of importance to tho government to know the precise extent and location of the land thus resided upon and cultivated. It was necessary to enable the government to ascertain what-lands were free from claims of settlers, and subject to salo or other disposition.” .”

   2 later decisions quote this exact passage · from the majority
   e.g. Hershberger v. Blewett · Bailey v. Oregon-Wash. R. & N. Co.

2. ““There is another view of this case which would seem to conclude the appellant as to the sufficiency and legality of this notification by the widow. The patent of the United States was issued upon, the supposed compliance of the patentees with the requirements of the donation act. That instrument is not in the record, but we must presume that it follows the usual form of such instruments, and recites the compliance of the patentees with the requirements of the act, and the production to the proper officers of satisfactory proof on that point. The appellant derives all the title he asserts through conveyances of the heirs of the deceased settler under the patent. As well observed by the supreme court of the territory, under these circumstances these heirs and their grantees are estopped from ‘saying_ to the prejudice of any grantee of theirs, but that the husband and ancestor,' Amos Short, deceased, duly resided upon and cultivated for the prescribed period the donation land claim known as his, or that by virtue of a full compliance with the essential requirements of the donation act, his widow and children were, at the date of his death, in January, 1853, entitled nuder the act to that land claim.’ ””

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

3. “For eleven years after [the minor] became of age he made no objection to the proceedings, or by any act indicated his intention to disaffirm the sale or deed . . .; and [only then] he gave to the grantors of the [plaintiffs] a deed of his interest in the . . . claim. In the meantime, the property had greatly increased in value by the improvements put upon it by the purchaser. . . . Under these circumstances, . . . the long acquiescence of the minor, after he became of age, in the proceedings had for the sale of his property, was equivalent to an express affirmance of them, even were they affected with such irregularities as, upon his prompt application after becoming of age, would have justified the court in setting them aside.”

   1 later decision quote this exact passage · from the majority
   e.g. County of Oneida New York v. Oneida Indian Nation of New York State New York