Van v. Webb’s Empirical Analysis

Citation profile

5 federal appellate · 40 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be noted *' * * that all heirs have conveyed to Mrs. Webb and, if the. land involved was community property, she is in effect the sole 'distributee. * * * But the right of a creditor respecting the decedent’s land in the hands of a dis-tributee, as fixed by the provisions of Article 3314, was denominated in Blinn v. McDonald, 92 Tex. 604 , 46 S.W. 787 [ 48 S.W. 571 ] (rehearing overruled 92 Tex. 604 , 50 S.W. 931 ), as itself a statutory lien. See, also, Westerfeld v. Stout, Tex.Civ.App., 129 S.W.2d 478 , Error Dismissed, judgment correct. Accordingly, under all the facts, if the land in suit was community property it would be accurate to say that Mrs. Van has a statutory lien against it and proper for the court to award her a decree of foreclosure. She would not be entitled to a money judgment against Mrs. Webb but rather to a judgment which is in effect one in rem, subjecting the assets of Sidney Webb which may have come into Mrs. Webb’s hands to the payment of the claim.” ■ (Emphasis ours.)”

   1 later decision quote this exact passage · from the majority
   e.g. Chandler v. Welborn

2. ““... whenever a person dies intestate, all of his estate shall vest immediately in his heirs at law, but ... shall still be liable and subject in their hands to the payment of the debts of the intestate;”

   1 later decision quote this exact passage · from the majority
   e.g. Janes v. Commerce Federal Savings & Loan Ass'n