Brown v. Payne’s Empirical Analysis
1943
Citation profile
3 federal appellate · 74 state decisions
How this case has been cited
Cited by 79 later decisions — most recently February 2019 · most notably Myers v. Gulf Coast Minerals Management Corp. (1962), Dallas Hotel Co. v. Lackey (1947)
3 federal appellate · 74 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 Hopkins v. Hopkins · Turner v. Montgomery · Loveren v. Donaldson · Belgarde v. Carter
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 79 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`Through all the rules governing construction of instruments, there runs the central thought of ascertaining the real intention of the parties.' * * * the intention, `if possible,' should be gathered from the instrument itself.”
6 later decisions quote this exact passage · from the majoritye.g. Lange v. Schulte · Hill v. Schuhart“The fact that a deed passes a present interest, even though the possession or enjoyment thereof may be postponed, while a will passes no present interest at the time of its execution, but takes effect only upon the death of the testator, and until such time is ambulatory and revocable, establishes the essential difference between the two instruments.”
1 later decision quote this exact passage · from the majority“If the instrument passes a present interest, although the right of its possession and enjoyment may not occur until some future time, it is a deed or contract; but if the instrument does not pass an interest or right until the death of the maker, it is a will or testamentary paper.”
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.