Cady v. Purser’s Empirical Analysis
1901
Citation profile
36 state decisions
How this case has been cited
Cited by 40 later decisions — most recently January 2018 · most notably Title Insurance & Trust Co. v. California Development Co. (1915), Stanislaus Water Co. v. Bachman (1908)
36 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 Emeric v. Alvarado · Beronio v. Ventura County Lumber Co. · Foorman v. Wallace · Neslin v. Wells · Duff v. Randall
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““For the purpose of complying with a statutory requirement, as in the case of official bonds or certificates of marriage, where the evident purpose of the statute is to make the instrument a matter of public record, or when the recording of an instrument is an essential step in perfecting some right or completing some act of the party, as in the case of a declaration of homestead, or an assignment for the benefit of creditors, the depositing of the instrument in the recorder 's office is sufficient; but, when merely making a record of the instrument is not the ultimate purpose of the party, but the recording of the instrument is the means by which his ultimate purpose is to be carried into effect, as when his purpose is to give notice of his interest in real estate, section 1213 requires not only that the instrument shall be filed with the recorder for record, but that it shall also be ‘recorded as prescribed by law’. By this requirement, in order that constructive notice of the contents shall be given to subsequent purchasers and mortgagees, the legislature must have intended something in addition to depositing the instrument in the recorder’s office for record, since that had already been provided for in section 1170. The word ‘recorded’ in ordinary usage signifies copied or transcribed into some permanent book. In Anderson’s Law Dictionary the term ‘recording’ is defined ‘copying an instrument into the public records in a book kept for that purpose by or under the superint”
1 later decision quote this exact passage““An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the recorder’s office with the proper officer, for record.””
1 later decision quote this exact passage“The principle is well settled that paramount and adverse titles are not proper subjects for adjudication in actions for the foreclosure of a mortgage.”
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.