126 W. Va. 355 - McIntosh v. Vail’s Empirical Analysis
1943
Citation profile
3 federal appellate · 8 state decisions
How this case has been cited
Cited by 11 later decisions — most recently November 1963
3 federal appellate · 8 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 Thompson v. Thompson · 75 W. Va. 337 - Freudenberger Oil Co. v. Simmons · Holbrook v. Wightman · Thomas v. Young · Spencer v. Barker
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Nor do the words ‘shall be entitled to’ create any difficulty. The expression ‘entitled to’ has been construed either as signifying the actual vesting of title or as giving an equitable right to claim title. Holbrook v. Wightman, 31 Minn. 168 , 17 N.W. 280 ; Thompson v. Thompson, 107 Ala. 163 , 18 So. 247 ; Spencer v. Barker, 96 Kan. 360 , 149 P. 736 ; Meehan v. Jones, C.C., 70 F. 453 .””
1 later decision quote this exact passage“aggregate effect of the deed is to convey to the grantee the land, including a right to one-sixteenth of all oil marketed and one-half of the net proceeds of all gas sold therefrom, and to save to the grantor all other interest, right and title to the oil and gas.”
1 later decision quote this exact passagee.g. Davis v. Mann“`in the event of oil or gas being developed on said land, said second party or his assigns shall be entitled to one full sixteenth of all oil marketed and one half of the net proceeds from all gas sold from said land.'”
1 later decision quote this exact passagee.g. Davis v. Mann
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.