148 W. Va. 82 - Davis v. Hardman’s Empirical Analysis
1963
Citation profile
2 federal appellate · 37 state decisions
How this case has been cited
Cited by 41 later decisions — most recently March 2019 · most notably 219 W. Va. 266 - Estate of Tawney Ex Rel. Goff v. Columbia Natural Resources, L.L.C. (2006), 175 W. Va. 296 - Sally-Mike Properties v. Yokum (1985)
2 federal appellate · 37 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 147 W. Va. 484 - Cotiga Development Co. v. United Fuel Gas Co. · 62 W. Va. 167 - Toothman v. Courtney · Paxton v. Benedum-Trees Oil Co. · MOUNGER v. Pittman · 146 W. Va. 328 - Hall v. Hartley
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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] valid written instrument which expresses the intent of the parties in plain and unambiguous language ... will be applied and enforced according to such intent.”
2 later decisions quote this exact passage“The distinguishing characteristics of a non-participating royalty interest are: (1) Such share of production is nbt chargeable with any of the costs of discovery and production; (2) the owner has no right to do any act or thing to discover and produce the oil and gas; (3) the owner has no right to grant leases; and (4)- the owner has no right to receive bonuses or delay rentals, Conversely, the distinguishing characteristics of an interest in minerals in place are: (1) Such interest is not free of costs of discovery and production; (2) the owner has the right to do any and -all acts necessary to discover -and produce oil and gas; (3) the owner has the right to grant leases, and (4) the owner has the right to receive bonuses and delay rentals.”
1 later decision quote this exact passage“Where deeds are made by which several undivided interests in a tract of land are conveyed, with the right in the several grantees, their heirs and assigns, to lease the land for oil and gas purposes.and to receive the carrying rental, or the bonuses and carrying rentals, but subject to reservations in favor of the several grantors of the oil and gas royalty, when produced, such reservations do not constitute a reservation of the oil and gas in place; but, on the contrary, such deeds constitute a conveyance of the entire tract of land, including the oil and gas in place, but subject to mere royalty interests in the oil and gas when such oil and gas, or both, are produced. .”
1 later decision quote this exact passage
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.