Davis v. Skipper’s Empirical Analysis

Citation profile

9 federal appellate · 85 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 98 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The existence of an `easement' or `equity' in a tract of land growing out of restrictive covenants as to use can hardly be conceived except in connection with another tract of land, which may be said to be the dominant estate and for which the easement or equity is created. In every case where parties seek to enforce a restrictive covenant the burden of proof is upon them to establish that the covenant was imposed on defendant's land for the benefit of land owned by them. It is also well settled that in the absence of proof that a restriction was imposed for the benefit of other land, it is construed as a personal covenant merely with the grantor. In many instances it is held that unless it is expressly shown in the conveyance itself that the restriction is imposed for the benefit of other land, or unless there is an obvious purpose to sell in accordance with a general plan, the covenant must be construed as merely a personal one."”

   5 later decisions quote this exact passage · from the majority
   e.g. Hunter v. Pillers · Interstate Circuit, Inc. v. Pine Forest Country Club

2. “has the same rights and privileges over his estate as if it was a fee simple.”

   2 later decisions quote this exact passage · from the majority
   e.g. Boothe v. McLean · Humphrey v. C. G. Jung Educational Center

3. ““It will be observed that the consideration for the conveyance in question is threefold in its nature: (a) the sum of $10; (b) an agreement that the premises should be used for church purposes only; and (c) that in case the same is abandoned as such, the title shall revest in H. T. Elder. “There are many authorities to the effect that a recital in a deed of conveyance that it is made upon a money consideration, and a further consideration that the grantee shall do certain things, or that only a certain use shall be made of the property, does not impose a condition subsequent.” (Citing authorities.)”

   1 later decision quote this exact passage · from the majority
   e.g. Hedick v. Lone Star Steel Company