McKinney v. Croan’s Empirical Analysis

Citation profile

3 federal appellate · 86 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 90 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It appears to be á settled rule that a purchaser of property from one who has acquired possession thereof by theft, acquires no title thereto. * * “ * * * and it is well settled that one in rightful possession of personal property may maintain an action for its recovery against a thief or one holding under him.””

   2 later decisions quote this exact passage · from the majority
   e.g. Beauchamp v. Nichols · Doyle v. Harben

2. ““Sec. 27. Before selling or disposing of any motor vehicle required to be registered or licensed in this State on any highway or public place within this State, except with dealer’s metal or cardboard license number thereto attached as now provided by law, the owner shall make application to the designated agent in the county of his domicile upon form to be prescribed by the Department for a certificate of title for such motor vehicle.” “Sec. 33. Motor vehicle may be disposed of at subsequent sale unless the owner designated in the certificate of title shall transfer the certificate of title on form to be prescribed by the Department before a Notary Public, which form shall include, among such other matters as the Department may determine, an affidavit to the effect that the signer is the owner of the motor vehicle, and that there are no liens against such motor vehicle, except such as are shown on the certificate of title and no title to any motor vehicle shall pass or vest until such transfer be so executed.” “Sec. 51. It shall hereafter be unlawful for any person, either by himself or through any agent, to offer for sale or to sell or to offer as security for any obligation any motor vehicle registered or licensed in this State without then and there having in his possession the proper receipt or certificate or title covering the motor vehicle so offered.” “Sec. 52. It shall hereafter be unlawful to buy or acquire any title other than a lien in a motor vehicle registered o”

   1 later decision quote this exact passage · from the majority
   e.g. Guinn v. Lokey

3. ““It appears to be a settled rule that a purchaser of property from one who has acquired possession thereof by theft, acquires no title thereto. (Citing cases.) “Defendants apparently concede the soundness of this general rule, but contend, among other things, that since the assignment of the certificate of title signed by Odom did not contain the name of the purchaser, it was not made in compliance with the provisions of Section 33 of the Certificate of Title Act, and consequently the sale was void under the provisions of Section S3 of the same Act, and Croan acquired no title to the vehicle. It is unnecessary for us to determine whether Croan obtained good title under the assignment from Odom, because it appears without dispute that Croan was in rightful possession of the vehicle under authority from Odom at the time Lin-ney stole it; and it is well settled that one in rightful possession of personal property may maintain an action for its recovery against a thief or one holding under him. (Citing cases.)””

   1 later decision quote this exact passage · from the majority
   e.g. Bustin v. Craven