Ayers v. Watson’s Empirical Analysis

Citation profile

82 federal appellate · 5 district · 38 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 151 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““You have heard, a great deal about the boundaries of what was spoken of as the compromise strip, an'd, as the matter is important, I will direct your attention to it. The bond and the deed with respect to it are in evidence before you. In applying the description set forth in the bond for, and conveyance of, the ground, you are permitted to reverse the calls and trace the lines the other way, and should do so whenever by so doing the lands embraced would more nearly harmonize with the calls and objects of the grant. If an insurmountable difficulty is met with in running the lines in one direction, yet is entirely obviated by running them in the reverse direction, and all the known calls of the survey are harmonized by the latter course, it is only a dictate of common sense to follow it. The beginning point of a survey does not control more than any other point actually well ascertained, and you are not bound to follow the calls of a grant in the way said calls stand in the words of description. Therefore, if you can take the description, as specified in the bond and deed, by beginning at any point mentioned therein, and thus apply said description to the ground more nearly than in commencing at the beginning point of said survey as mentioned in said description, then you should so apply said description.””

   2 later decisions quote this exact passage · from the majority
   e.g. Platt v. Vermillion · Montana Mining Co. v. St. Louis Min. & Mill Co. of Montana

2. ““The ‘beginning’ corner does not control more than any other corner actually well ascertained, nor are we constrained to follow the calls of the grant in the order said calls stand in the field notes there recorded, but are permitted to reverse the calls and trace the lines the other way, and should do so whenever by so doing the land embraced would most nearly harmonize with the objects of the grant.””

   2 later decisions quote this exact passage · from the majority
   e.g. Platt v. Vermillion · Montana Mining Co. v. St. Louis Min. & Mill Co. of Montana

3. ““The beginning comer does not control more than any other comer actually ascertained, and that we are not constrained to follow the calls of the grant in the order they stand in the field notes, but may reverse them and trace the lines the other way, whenever by so doing the land embraced would more nearly harmonize all the calls and the objects of the grant.” (p. 599.) (See, also, Hord v. Olivari [Texas], 5 S. W. 57 ; Ocean Beach Asssociation v. Yard, 48 N. J. Eq., 72.)”

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