Broad v. Warnecke’s Empirical Analysis
1940
Citation profile
2 state decisions
Relationships
Relies on Port Arthur Rice Milling Co. v. Beaumont Rice Mills · Life Ass'n of America v. Goode · Stanley v. Schwalby · Wilson v. Beck · 20 Tex. Civ. App. 575 - William J. Lemp Brewing Co. v. La Rose
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Were it otherwise, and especially if the law were such as [the adverse possessors] contend here that it is, investors would hesitate long and seriously before investing in land securities in this State which mature more than ten years after date. The right of action contemplated by the [adverse possession statute] means the right to institute and maintain a suit for the recovery of the land. J.W. Broad had no such right ... prior to the time the land was advertised and sold to him ... [t]he [earlier] note held by him and secured by the deed of trust had not matured. No right of action had accrued thereon and the holder of the indebtedness had no complaint upon which any kind of a suit could have been based.”
1 later decision quote this exact passage“The rights, title and interest which [the adverse possessors] acquired by their peaceable and adverse possession of the land for the period provided by the statute were only such rights as may have been possessed by a person who had the right of action for the recovery of the land. What we have said and the expressions of the courts in the cases cited demonstrate, we think, that appellant was not such a person and that the statute relied upon by [adverse possessors] does not include a mortgagee nor a purchaser of the land under a valid foreclosure of a mortgage until this purchase is completé and he acquires a right of action for the recovery of the land.”
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.