Eaton v. Husted’s Empirical Analysis
1943
Citation profile
8 federal appellate · 79 state decisions
How this case has been cited
Cited by 89 later decisions — most recently August 2011 · most notably Osborn v. Durant Bank & Trust Co. (1994), Tarver v. Tarver (1965)
8 federal appellate · 79 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.
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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In the face of these facts, we cannot say, as a matter of law, that the Court of Civil Appeals was wrong in holding that there was sufficient evidence of an agreement preceding the deeds and bill of sale from Lou Eaton to George to establish a trust in favor of Mrs. Husted to the extent of her interest in the property so conveyed. We think their conclusion is correct. There is no other apparent explanation for the conveyances. If there could have been any doubt as to the creation of a trust in the property it was removed by George Eaton’s acknowledgments. 1 Bogert, Trusts and Trustees, § 66, p. 269. On the whole, the evidence supporting the jury findings makes it reasonably clear and certain that a parol trust was created as asserted by the respondents. McBride v. Briggs, Tex.Civ.App., 199 S.W. 341 . We thus view the evidence most strongly in support of the trial court’s judgment. Briscoe v. Bright’s Adm’r, Tex.Com.App., 231 S.W. 1082 .” (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Powell v. Jackson“may properly be grounded on the doctrine of commingling.... 'As a general rule the cestui que trust's equitable right of recovery is not destroyed by reason of the fact that the trustee has so commingled the trust property with his own property that it is impossible particularly to identify the trust property....'”
1 later decision quote this exact passage · from the majority““Certain it is that he took what money he thus received from his mother’s estate and commingled and confused it with his own funds and estate. * * *”
1 later decision quote this exact passage · from the majoritye.g. Boettcher v. Means
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.