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← 143 W. Va. 888 - Mullins v. Green

143 W. Va. 888 - Mullins v. Green’s Empirical Analysis

1958

Citation profile

15
cited by 15 later decisions
2
states following
July 1982
most recently cited

15 state decisions

Relationships

Relies on 138 W. Va. 585 - Gray v. Marino · Davidson v. Davidson · 68 W. Va. 526 - Miller v. Jones · Kennedy v. Burns · 141 W. Va. 204 - Lantz v. Reed

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

  1. “It is the finding of this Court, upon the evidence in this record, that the contract alleged in the amended bill of the plaintiff has not been proved by the full, clear and convincing evidence which is required in such a case. The construction of the buildings by the plaintiff, and the other acts of the parties, may be explained in too many ways inconsistent with the terms of the alleged agreement. In Gray v. Marino, supra, we quoted with approval the following statement from Miller v. Miller's Ex'r, 2 Va.Dec. 97 , 21 S.E. 471, 473 , an early Virginia case, which is here reiterated: `It is a serious matter, when a man dies, for a claimant to come forward, and demand the estate, upon the ground that the deceased had in his lifetime verbally promised or agreed to make a will giving his estate to said claimant, and that, too, in the face of a will which has given it to some one else. Such a claim naturally excites surprise, and a court of equity will always require the clearest and most convincing proof to sustain such a claim.'”
    1 later decision quote this exact passage

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.