Swales v. Jackson’s Empirical Analysis
1890
Citation profile
25 state decisions
How this case has been cited
Cited by 25 later decisions — most recently March 1959 · most notably Weaver v. Shipley (1891), St. Joseph Hydraulic Co. v. Globe Tissue Paper Co. (1901)
25 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Williams v. Morris · Purcell v. Miner · Freeman v. . Freeman · Kurtz v. Hibner · Burns v. Fox
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““If they were already occupying the land, whether as tenants or as former owners, and simply continued in possession after the parol contract was made, there was no such taking of possession under the contract as will take the case without the statute of frauds. “To bring a parol contract for the sale of real estate within the exception to the statute, which requires all such contracts to be in writing, there must be an open and visible change of possession under the contract.” (Our emphasis) “If the vendee be in possession at the time of the contract, whether as tenant or otherwise, and continues to occupy, the case is not one falling within the exception.””
1 later decision quote this exact passage““It was long ago held by this court that the payment of the purchase-money is not such part performance of a parol contract for the sale of land as will avoid the statute of frauds; nor is the remaining in possession by a tenant such part performance, nor the taking of possession without the vendor’s consent. Johnston v. Glancy, 4 Blackf. 94 . See Rucker v. Steelman, 73 Ind. 396 ; Arnold v. Stephenson, 79 Ind. 126 .””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.