Murry v. Lovell’s Empirical Analysis
1955
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently December 1995 · most notably 12 Cal. 4th 345 - Citizens for Covenant Compliance v. Anderson (1995), 17 Cal. 3d 500 - Riley v. Bear Creek Planning Committee (1976)
28 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 Werner v. Graham · Wing v. Forest Lawn Cemetery Assn. · Gardner v. Maffitt · Martin v. Holm · 3 N.J. Misc. 661 - Packer v. Mayor of the City of Woodbury
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.
“`It is undoubted that, when the owner of a subdivided tract conveys the various parcels in the tract by deeds containing appropriate language imposing restrictions on each parcel as part of a general plan of restrictions common to all the parcels and designed for their mutual benefit, mutual equitable servitudes are thereby created in favor of each parcel as against all the others. * * * In such a case the mutual servitudes spring into existence as between the first parcel conveyed and the balance of the parcels at the time of the first conveyance. '”
2 later decisions quote this exact passage“unquestionably had in mind that they would convey the various lots subject to the proposed equitable servitudes thereby evidenced, but, having gone that far, they had not as yet created any servitudes whatever. They were still the owners of the whole property and until and unless they made conveyances, which conveyances contained the provisions for equitable servitudes either by direct expression in the deeds or by reference to the recorded declaration of restrictions or other effective means of creating by the severance, and as a part of it, the equitable servitudes counted upon herein, those equitable servitudes would not arise.... We hold that, so far as the record here shows, no equitable servitudes existed.”
1 later decision quote this exact passage“The intent of the common grantor the original owner is clear enough. He had a general plan of restrictions in mind. But it is not his intent that governs. It is the joint intent of himself and his grantees, and as between him and each of his grantees the instrument or instruments between them in this case, the deed constitute the final and exclusive memorial of such intent.”
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.