Nelson v. Seevers’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The subject of constructive trusts, on the other hand, is intimately connected with that of frauds. “Rightly understood, a ‘constructive trust’ is only a mode by which courts of equity work out equity and prevent or circumvent fraud and overreaching.” [Citation omitted.] ... “A constructive trust is a relationship with respect to property subjecting the person by whom the title to the property is held to an equitable duty to convey it to another on the ground that his acquisition or retention of the property is wrongful and that he would be unjustly enriched if he were permitted to retain the property.””

   1 later decision quote this exact passage
   e.g. Ruppert v. Breault

2. ““(1) Where the owner of an interest in land transfers it inter vivos to another in trust for the transferor, but no memorandum properly evidencing the intention to create a trust is signed, and the transferee refuses to perform the trust, the transferee holds the interest upon a constructive trust for the transferor, if “(a) the transfer was procured by fraud, duress, undue influence or mistake, or “(b) the transferee at the time of the transfer was in a confidential relation to the transferor.””

   1 later decision quote this exact passage
   e.g. Ruppert v. Breault