Jackson v. Jackson’s Empirical Analysis
1891
Citation profile
1 federal appellate · 5 state decisions
How this case has been cited
Cited by 6 later decisions — most recently June 1919
1 federal appellate · 5 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 Shimer v. Mann · Fountain County Coal & Mining Co. v. Beckleheimer · Doe on demise of Patterson v. Jackman · Andrews v. Spurlin · Owen v. Cooper
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“. “There being no words of inheritance in the conveyance described in the replication,, and those used—‘her children’—being words of purchase, and not of limitation, the rule in Shelley’s Case does not apply, and a fee simple was not vested in Sarah Gatewood. She took an estate for life, and her children a vested remainder, whether for life or in fee it is immaterial now to inquire. We think the only fair construction which can be placed upon the language used in the deed is that the grantor intended to part with all her interest in the land except the retaining her living off of it, and that she intended to only give to the appellant a life estate, and vest the remainder in the children of the appellant, and the fee vested in the children of the appellant at the time of the execution of the deed. It does not appear that any childreA were born to the appellant after the execution of the deed, or that any living at that time have died, and no question is presented as to the rights of the survivors or those born after the execution of the deed. There are no such words of inheritance used in this deed as .to bring it within the rule in Shelley’s Case, and give to the grantee named a fee simple, as contended on the part of the appellant. The words ‘children of his body’ are used as words descriptive of a class who are to take the fee.””
1 later decision quote this exact passagee.g. Hubbird v. Goin““That the children took the fee we think there can be but little doubt. They were then in being. They were capable of taking, and we think the deed as completely vested the title in them as if they had been named-in the deed. There is no room for doubt as to the intention of the grantor.””
1 later decision quote this exact passagee.g. Hubbird v. Goin
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.