Rozan v. Rozan’s Empirical Analysis

Citation profile

25 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is settled in this State that a court decree or court judgment of another state in its determination of property rights may not directly affect or transfer title to real property situate in North Dakota, and the California decree, being in personam and adjudicating the equities of the litigants to lands situate in North Dakota, did not have the direct in rem operational effect of transferring title to real property, the situs of which is beyond the territorial jurisdiction of the California court of divorce. A decree or judgment of a court of another jurisdiction having such a purported consequence will not be accorded full faith and credit under Article IV, Section I, of the Constitution of the United States.... “However, authorities are in general agreement that the foreign court of adjudication, having the parties properly before it, may determine equities of those parties in real property situate in another state, and may order and compel conveyance of lands in another state and thus by an in personam decree indirectly affect such title, and it is the executed conveyance and not the decree which is operative upon such title.” Rozan, supra, 129 N.W.2d at 700 . [Citations omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. Wacker Oil, Inc. v. LoneTree Energy, Inc.

2. ““Our statute provides that, “ ‘When a transfer of real property is made to one person and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.’ 59-01-06(4) NDCC. "The established facts in the instant action conclusively demonstrate that community funds and assets, one-half of which were owned by plaintiff and with her consent were used by Rozan to acquire the North Dakota mineral interests in his name, thus giving rise to a resulting trust pursuant to the statutory presumption whereby Rozan although the nominal owner of record of all such properties, nevertheless, held an undivided one-half of such purchased properties in trust for plaintiff; ... her one-half interest in and to such North Dakota properties resulted from her definite proportionate contribution towards its acquisition.” [Citations omitted.]”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Estate of Erickson

3. ““ * * * that portion of the California decree purporting to vest a 65% interest to plaintiff (wife), and a 35% interest to defendant (husband), of North Dakota real properties, and thus directly affect and vest title in these litigants, is a nullity and is .not entitled to, nor shall it be accorded, full faith and credit by the courts of this State.””

   1 later decision quote this exact passage · from the majority
   e.g. McLam v. McLam