Wyatt v. Duncan’s Empirical Analysis
1939
Citation profile
6
cited by 6 later decisions
3
states following
April 1965
most recently cited
6 state decisions
Relationships
Relies on Bailey v. Baker Ice Machine Co. · Humphrey v. Tatman · Finance & Guaranty Co. v. Oppenhimer · Cameron, Hull & Co. v. Marvin · Linn County Bank v. Davis
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““. . . Since Walton had a valid mortgage on the equipment, the taking possession of the mortgaged property under the terms of the mortgage and selling it do not constitute a sale in violation of the bulk sales law. That law does not apply to sales made under judicial process (R. S. 58-104), and should not apply to a sale by a mortgagee under the provisions of a prior mortgage. The facts in this case differ from those in Bank v. Davis, 103 Kan. 672 , 175 Pac. 972 , for there the chattel mortgage, in the form of a bill of sale, was given by the merchant on his stock of merchandise, and the grantee or mortgagee was placed in possession of the property. The controversy there was between the grantee in this bill of sale and a then existing creditor of the merchant.” (pp. 427, 428.)”
1 later decision quote this exact passage · from the majority““ ‘It is immaterial whether the mortgagee takes possession in invttum or the mortgagor voluntarily puts him in possession, if the act be done in pursuance of a license contained in the deed. In the one case as much as in the other, the mortgagee obtains possession by virtue of a valid contract which entitles him to such possession.’ ” (p. 226.)”
1 later decision quote this exact passage · from the majority““. . . If a mortgagee takes possession of the mortgaged property before any other right or lien attaches, his title under the mortgage is good against everybody, if it was previously valid between the parties. . . .” (Emphasis added.) (p. 85.)”
1 later decision 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.