Lincoln v. Bennett’s Empirical Analysis
1941
Citation profile
19 federal appellate · 25 state decisions
How this case has been cited
Cited by 75 later decisions — most recently November 2010 · most notably Osborn v. Durant Bank & Trust Co. (1994), INWOOD NORTH HOMEOWNERS'ASS'N v. Harris (1987)
19 federal appellate · 25 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 Texas Land & Loan Co. v. Blalock · Parish Potter v. Hawes · Parker v. Schrimsher · McLaren v. Jones · Martin v. Astin
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The constitution forbidding the fixing on the homestead of liens other than such as are thereby expressly permitted, no estoppel can arise in favor of a lender, who has attempted to secure a lien on homestead in actual use and possession.of the family, based on declarations o-f the husband and wife made orally or in writing, contrary to the fact. To hold otherwise would practically abrogate the constitution. ■ . “If property be homestead in fact and law, lenders must understand that liens can not be fixed upon it, and that declarations of husband and wife to the contrary, however made, must not be relied upon. They must further understand that no designation of homestead, contrary to the fact, will enable parties to evade the law, and incumber homesteads with liens forbidden by the constitution.””
4 later decisions quote this exact passage · from the majority“(1) When the owners, not actually occupying the property, or so using it that its status is dubious at the time the mortgage is executed, represent that it is not their homestead; (2) when the owners create a lien by entering into a simulated transaction which has all the outward appearance of a valid, unconditional sale, but which is in fact a mortgage; (3) when the owners represent that existing notes are valid mechanic's lien notes for improvements, secured by a mechanic's lien contract properly executed.”
3 later decisions quote this exact passage · from the majority“No mortgage, trust deed, or other lien on the homestead shall ever be valid.”
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.