Ricks v. Grubbs’s Empirical Analysis

Citation profile

6 federal appellate · 108 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 114 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ . . . the possession must be of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant. It follows that the law’s requisites are not satisfied if the occupancy is shared with the owner or his agents or tenants. . . ””

   5 later decisions quote this exact passage · from the majority
   e.g. Bell v. Lyon · Bragg v. Wittneben

2. “It is well settled, that where a party relies upon naked possession alone as the foundation for his adverse possession claim, it must be such an actual occupancy as the law recognizes as sufficient, if persisted in for a long enough period of time, to cut off the true owner’s right of recovery. It has been said that such possession must not only be actual, but also visible, continuous, notorious, distinct, hostile (ie., adverse), and of such a character as to indicate unmistakably an assertion of a claim of ownership in the occupant.”

   1 later decision quote this exact passage · from the majority
   e.g. Wall v. Carrell

3. ““ ‘The law presumes the true owner is in possession until adverse possession is proved to begin, and when two persons are in mixed possession of the same land, one by title, and the other by wrong, the law considers the one who has title as in possession to the extent of his rights, so as to preclude the other from taking advantage of the statute of limitation. 2 Corpus Juris, Adverse Possession, § 587, p. 264; Satterwhite v. Rosser, 61 Tex. 166 . * * * ’””

   1 later decision quote this exact passage · from the majority
   e.g. Carroll v. Brown