Davis v. Ownsby’s Empirical Analysis

Citation profile

1 federal appellate · 44 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘‘The forty-second section, in declaring: that no such instrument in writing: shall be valid except between the inn-ties thereto and such as shall have actual notice thereof, until deposited for record, is not designed to allow any person to dispute the validity of an unrecorded deed, unless he is interested in the title under the same grantor—a mere trespasser cannot dispute it—theremtisf.be a 1 it le for value, under the grantor, to admit of the question being raised. Now, it will be seen that a creditor, as such, is nowhere alluded to in the statute as a. person who is affected by notice, or (o whom notice is to be given, and it would plainly be useless to give actual notice of an unrecorded deed to a creditor with a view to affect the person who might afterwards become a. purchaser under the judgment, of the creditors. A creditor by obtaining a judgment, acquires a lien that binds the estate of the defendant against any subsequent act of his, but he acquires no interest or estate in the property. A purchaser of the property under the judgment of the creditor is the first person who acquires an interest ill the property, and is the person who is to be affected by notice either actual or constructive. Tf he has notice before he assumes the character of a purchaser, he vests his money in a speculation against the deed, and the judgment creditor takes the money upon his judgment. The recording of the deed before the purchase is notice to him. 1 exclude creditors altogether fr”

   1 later decision quote this exact passage · from the majority
   e.g. Sturdivant Bank v. Schade

2. ““The obvious meaning of the whole section is that filing a deed for record imparts notice to all persons who should subsequently becomo interested in the title, whether as purchasers or mortgagees.””

   1 later decision quote this exact passage · from the majority
   e.g. Miller v. Merine