Frink v. Darst’s Empirical Analysis
1853
Citation profile
2 federal appellate · 1 district · 25 state decisions
How this case has been cited
Cited by 29 later decisions (1 by the Supreme Court) — most recently June 2021 · most notably 88 Ill. 2d 129 - People v. Lewis (1981), McCool v. Smith (1861)
2 federal appellate · 1 district · 25 state decisions — followed in 12 states
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 Jackson ex dem. M'Crackin v. Wright · Jackson ex dem. Peek v. Peek · Jackson ex dem. Salisbury v. Fish
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It may be, then that our statute was intended to settle a question which had been much discussed, and about which there was certainly great conflict of opinion whether a general warranty would operate to transfer a subsequently acquired legal title. It undoubtedly settles this question in the affirmative, and I think, it goes further. It puts the whole question upon principles of sound sense and strict justice. It does not limit its operation to deeds containing covenants of general warranty, but it extends to every deed which purports to convey a fee-simple absolute whether it contains a general warranty or not. It is easy to imagine numerous cases in which there are conveyances obviously intended, and purporting to convey absolute titles, but which omit any covenants of warranty”
1 later decision quote this exact passage · from the majoritye.g. Robben v. Obering“If any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fee simple absolute, in any tract of land or real estate, lying and being in this state, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance, but after such sale and conveyance the vendor shall become possessed of and confirmed in the legal estate to the land or real estate so sold and conveyed, it shall be taken and held to be in trust and for the use of the grantee or vendee; and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or interest, at the time of said sale or conveyance.”
1 later decision quote this exact passagee.g. Robben v. Obering
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.