Fleming v. Ashcroft’s Empirical Analysis
1943
Citation profile
2 district · 24 state decisions
How this case has been cited
Cited by 26 later decisions — most recently December 2013 · most notably Miles v. Martin (1959), Benge v. Scharbauer (1953)
2 district · 24 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 Turner v. Cross and Eddy, Receivers · Patty v. Middleton · Associated Oil Co. v. Hart · Marshburn v. Stewart
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The following excerpt from the opinion of the Court of Civil Appeals in the present case * * * sufficiently discloses the grounds of its holding . ‘Paraphrasing the conclusions as stated in Marshburn v. Stewart, supra, and Mayor v. Breeding, supra, both applicable to this record, we conclude that the law having invested [the surviving spouse of the adoptive parent], as survivor of the community, with the apparent legal title in fee simple to this land, and such apparent title having passed to appellants for a valuable consideration, that before [those claiming under the equitably adopted child] can defeat the same, [they] must show that at the time appellants purchased their respective interests they had notice of the equitable rights of [the adopted child], or had notice of facts sufficient to put appellants upon inquiry, and that such inquiry, pursued with reasonable diligence, would have necessarily discovered the real facts upon which [the adopted child’s] claim to an interest in the land involved in this suit is predicated. [[Image here]] We approve the foregoing holding of the Court of Civil Appeals and the grounds and reasoning upon which it was based.”
1 later decision quote this exact passage · from the majoritye.g. Adler v. Moran““The Supreme Court has approved several cardinal rules for construing such instruments. In the case of Fleming v. Ashcroft, 141 Tex. 41 , 175 S.W.2d 401, 406 , * * * the Court said: ‘The intention must be gathered primarily from a fair consideration of the whole instrument, and the language employed therein, and the construction given it should harmonize with the- terms of the deed, including its scope, subject-matter, and purpose.’ ””
1 later decision quote this exact passage · from the majority“bargain, sell, convey, set over and assign and deliver”
1 later decision quote this exact passage · from the majoritye.g. Kokernot v. Caldwell
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.