Shepherd v. Pepper’s Empirical Analysis
133 U.S. 626 · 1890
Citation profile
15 federal appellate · 12 district · 15 state decisions
How this case has been cited
Cited by 71 later decisions (9 by the Supreme Court) — most recently February 2015 · most notably Wright v. Vinton Branch of Mountain Trust Bank (1937), Gordon v. Washington (1935)
15 federal appellate · 12 district · 15 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 Cromwell v. County of Sac · County of Mobile v. Kimball · Russell v. Place · Grymes v. Sanders · Hughes v. United States
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““As to the question oC tlie disposition of tlie rents in tlie hands of the receiver, we think the action of the court below was proper. The pecuniary condition of Shepherd, his failure to pay taxes, premiums of insurance, or interest, the inadequacy of the property to pay the claims of Pepper and iUrs. Gray, and the diversion of the income from rents, from making such payments, to the use of Shepherd, up to the time of the appointment of the receiver, were adequate grounds for the appointment of the receiver. Kountze v. Hotel Co., 107 U. S. 378 , 395, 2 Sup. Ct. 911 ; Grant v. Insurance Co., 121 U. S. 105 , 7 Sup. Ct. 841 . The court, through its receiver, took possession of the rents in order to preserve them for that party to the suit who should ultimately he found to be equitably entitled to them. Hitz v. Jenks, 123 U. S. 297 , 306, 8 Sup. Ct. 143 . The various reports of the receiver contained in tlie record, as to liis payment of taxes, premiums of insurance, and the expenses of repairs on the building', show the necessity of his appointment. It would he grossly unjust, on the facts developed in this ca,se, to appropriate the rents in the hands of the receiver to the use of Shepherd.””
1 later decision quote this exact passage · from the majority““I dissent from so much of the .iudgment of the court in this case as requires the entire property to be sold together and make provision afterwards ' for dividing the proceeds according to the valuation that may he made to-ascertain how much of the money should go to appellant, Maria Gray. I am of opinion that she has a right to have the" piece of ground, on which her mortgage is declared to be the first lien, sold separately, so that she can bid whatever sum she may see proper in satisfaction of her mortgage.””
1 later decision quote this exact passage · from the dissent““The bill in this suit prays ior general relief and a decree for a deficiency is a .necessary incident of a foreclosure suit in equity.” Shepherd v. Pepper, 133 U. S. 626 , 10 Sup. Ct. 438, 33 L. Ed. 706 ; Dodge v. Freedman’s Savings in Trust Co., 106 U. S. 445 , 1 Sup. Ct. 335, 27 L. Ed. 206 .”
1 later decision quote this exact passage · from the majority
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.