United States v. Budd’s Empirical Analysis

Citation profile

81 federal appellate · 25 district · 21 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 185 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[1] “We take the general doctrine to be that when, in a court of equity, it is proposed to set aside, to annul, or to correct a written instrument for fraud or mistake in the execution of the instrument itself, the testimony on which this is done must be clear, unequivocal, and convincing, and that it cannot be done upon a bare preponderance of evidence, which leaves the issue in doubt. If the proposition * * * is sound in regard to the ordinary contracts of private individuals, how much more should it be observed where the attempt is to annul the grants, the patents, and other solemn evidences of title emanating from the government of the United States under its official seal. In this class of cases, the respect due to a patent, the presumptions that all preceding steps required by the law had been observed before its issue, the immense importance and necessity of the stability of titles de pendent upon these official instruments, demand that the effort to set them aside, to annul them, or to correct mistakes in them, should only be successful when the allegations on which it is attempted are clearly stated and fully sustained by proof. It is not to be admitted that the titles by wbicli so much property in this country and so many rights are held, purporting to emanate from the authoritative action of the officers of the government, and, as in this case, under the seal and signature of the President of the United States himself, shall be dependent upon the hazard of successf”

   7 later decisions quote this exact passage · from the majority
   e.g. United States v. American Bell Telephone Co. · United States v. Detroit Timber & Lumber Co.

2. ““The act does not in any respect limit the dominion which the purchaser has over the land after his purchase from the government, or restrict in the slightest his power of alienation. All that it denounces is a prior agreement, the acting for another in the purchase. If when the title passes from the government no one save the purchaser has any claim upon it, or any contract or agreement for it the act is satisfied.””

   5 later decisions quote this exact passage · from the majority
   e.g. United States v. Mackintosh · United States v. Detroit Timber & Lumber Co.

3. ““File with the register of the proper district a written statement in duplicate, one of which is to he transmitted to the General Land Office, designating by legal subdivisions the particular tract of land he desires to purchase, setting forth that the same is unfit for cultivation, and chiefly valuable for its timber or stone; that it is uninhabited; * * * that deponent has made no other application under this act; that he does not apply to purchase the same on speculation, but in good faith, to appropriate it to his own exclusive use and benefit; and that he has not, directly or indirectly, made any agreement or contract in any way or manner with any person or persons whatsoever, by which the title which he might acquire from the government of the United States should inure, in whole or in part, to the benefit of am' person except himself; which statement must be verified by the oath of the applicant before the register or receiver of the land office within the district where the land is situated.””

   3 later decisions quote this exact passage
   e.g. Diller v. Hawley · Olson v. United States