Clement v. Packer’s Empirical Analysis

Citation profile

23 federal appellate · 4 district · 24 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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “, * * * p,y an unbroken current of decisions in that state that the surveys constituting a block are not to be treated as separate and individual surveys, nor can each tract be located independently of the rest by its own individual lines or calls or courses and distances, but such tracts are to be located together as a block or one large tract. If lines and. corners made for such a block of surveys can be found upon the ground, this fixes the location of the block, even to the disregard of the call for adjoiners. The lines and corners found upon any part of the block of surveys belong to each and every tract of the block, as much as they do to the particular tract which they adjoin.””

   2 later decisions quote this exact passage · from the majority
   e.g. McClure v. Glady Fork Lumber Co. · Duval County Ranch Co. v. Rogers

2. ““The case of Ellicott v. Pearl, supra, was brought to this court by a writ of error in the Circuit Court of the United States for the District of Kentucky, and in the decision here this court adhered to the English rule, and rejected the evidence of the declaration of a deceased surveyor as to the boundary of a private estate. In so doing this court was simply enforcing the rule as it existed in Kentucky at that time. In Cherry v. Boyd, Litt Sel. Cas. 8, decided by the Supreme Court of that state in 1800, it was held that evidence of • the parol declarations of a surveyor concerning the marks or lines of a private estate were inadmissible. This being the settled law of Kentucky, this court could not have decided otherwise than it did in Ellicott v. Pearl. But even in that case the court uses the following guarded lan guage: ‘The doctrine in America, in respect to boundaries, has gone further, and has admitted of general reputation * * * between contiguous private estates.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Kentucky Coal & Timber Development Co. v. Kentucky Union Co.

3. ““It is unquestionably true that a junior survey cannot control or enlarge the dimensions of a senior survey. We understand this to mean that, when the location of a survey is or can be ascertained or determined by its own marks upon the ground — its own calls and courses and distances — it cannot be changed or controlled or enlarged or diminished by the marks or lines of an adjoining junior survey; but when, from the dissappearance of these original landmarks, caused by time and other agencies, from the senior survey, the location of a particular line or the identity of a corner is left in uncertainty or becomes the subject of controversy, then the original and well-establisbed marks found upon a later survey made by tbe same surveyor about tbe same time, and adjoining tbe one in dispute, are regarded as legitimate evidence, not to contest or control, but to elucidate, throw light upon, and thus aid tbe jury in discovering tbe exact location of tbe older survey.””

   1 later decision quote this exact passage · from the majority
   e.g. Washington Rock Co. v. Young