Ham v. Ham’s Empirical Analysis
1926
Citation profile
2 federal appellate · 109 state decisions
How this case has been cited
Cited by 115 later decisions — most recently August 1996 · most notably Croft v. Alder (1959), 515 So. 2d 1183 - Mullins v. Ratcliff (1987)
2 federal appellate · 109 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Post v. Hagan · Thomas v. Whitney · 7 Cal. App. 14 - Nobles v. Hutton · Hall v. Otterson · Soper v. Cisco
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 115 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘It is settled by an overwhelming weight of authority that the principle extends to every possible case in which a fiduciary relation exists as a fact, in which there is confidence reposed on one side, and the resulting- superiority and influence on the other. The relation and duties involved in it need not be legal, it may be moral, social, domestic, or merely personal.’ 2 Pomeroy Equity Jurisprudence (4th Ed.), Section 956. “When such a relation exists, and the parties thereto —• ‘consciously and intentionally deal and negotiate with each other, each knowingly taking a part in the transaction, and there results from their dealing some conveyance or contract or gift, * * * the principle ■•■literally and directly applies. The transaction is not necessarily voidable, it may be valid, but a presumption of its invalidity arises which can only be overcome, if • at all, by clear evidence of good faith, of full knowledge, and of independent consent and action.’ 2 Pomeroy Equity Jurisprudence (4th Ed.), Section 957. ‘ ‘ The burden of overcoming this presumption is on the party claiming under the conveyance, contract, or gift. Meek v. Perry, 36 Miss. 190 ; Hitt v. Terry, 92 Miss. 710 , 46 So. 829 ."”
2 later decisions quote this exact passage · from the majority
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.