Pope v. Garrett’s Empirical Analysis
1948
Citation profile
19 federal appellate · 86 state decisions
How this case has been cited
Cited by 124 later decisions — most recently July 2020 · most notably Heldenfels Bros. v. City of Corpus Christi (1992), Meadows v. Bierschwale (1974)
19 federal appellate · 86 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 Ransdel v. Moore · Matter of Will of O'Hara · Ruhe v. Ruhe · Gilpatrick v. Glidden · Bohannon v. Trotman
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 124 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"It is a well settled general rule that if one person obtains the legal title to property, not only by fraud, or by violation of confidence or fiduciary relations, but in any unconscientious manner, so he cannot equitably retain the property which really belongs to another, equity carries out its theory of double ownership, equitable and legal, by impressing a constructive trust upon the property in favor of the one who is in good conscience entitled to it, and who is considered in equity as the beneficial owner."”
1 later decision quote this exact passage · from the majoritye.g. Batten v. Batten““Evelyn Jones and Lillie Clay Smith, by physical force or by creating a disturbance, prevented her [the decedent], from carrying out her intention to execute the will; that Carrie Simons was of sound mind at the time and was not in an unconscious condition; and that shortly after this incident she suffered a severe hemorrhage, lapsed into a semi-comatose condition and remained in that condition continuously until her death, * * (emphasis supplied)”
1 later decision quote this exact passage · from the majoritye.g. Blakeley v. Blakeley“We realize that a constructive trust does not arise on every moral wrong and that it cannot correct every injustice. 54 Am.Jur., p. 169, Sec. 218. It must be used with caution, especially where as here proof of the wrongful act rests in parol, in order that it may not defeat the purposes of the statute of wills, the statute of descent and distribution, or the statute of frauds.”
1 later decision quote this exact passage · from the majoritye.g. Morris v. Morris
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.