Public-domain · open source
OpenJurist
← 150 KAN 541 - Johnson v. Johnson

Johnson v. Johnson’s Empirical Analysis

1939

Citation profile

8
cited by 8 later decisions
1
states following
April 1985
most recently cited

8 state decisions

Relationships

Relies on Richards v. Shearer · Kansas Natural Gas Co. v. Board of County Commissioners · Shaffer v. Kansas Farmers Union Royalty Co. · Robinson v. Jones · Hushaw v. Kansas Farmers Union Royalty Co.

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““That where the fee to the'surface of any tract, parcel or lot of land is in any person or persons, naturál or artificial, and the right or title to any minerals therein is in another or in others, the right to such minerals shall be valued and listed separately from the .fee of said land, in separate entries and descriptions, and such land itself and said right to the minerals therein shall be separately taxed to’the owners thereof respectively. The register of deeds shall furnish to the county clerk, who shall furnish on the first day of March each year to each assessor where such mineral reserves exist and' are a matter 'of record, a certified description of all such reserves: Provided, That when such reserves or leases are not recorded within ninety days after execution, they shall become void if not listed for taxation.’’”
    3 later decisions quote this exact passage · from the majority
  2. ““It will be noted that two conditions must exist before the leases or reserves shall become void, namely, failure to record within ninety days after execution, and failure to list for taxation. Unless both of these conditions are present the leases or reserves are not void. ” Emphasis supplied.”
    2 later decisions quote this exact passage · from the majority
  3. ““In Richards v. Shearer, 145 Kan. 88 , 64 P. 2d 56 , the instrument in question was held to be a conveyance which effected a severance of the oil and gas in place, and hence should be recorded and listed for taxation as required by statute. The instrument was not recorded within ninety days, but was recorded before the first of March after its execution. This recording was held to constitute the necessary listing for taxation, within the meaning of • the statute, in view of the fact that after it was recorded it became the duty of the register of deeds to furnish to the county clerk, and he to the county assessor, by March first, a list of such properties for the purpose of taxation. The recording was in time for that purpose. Here the facts do not bring it within the rule of the case last cited. Had the instrument been filed for record before March first there would have been reason tú hold .the case applicable, but here it was not filed until May third, which was more than two months after the time it should have been certified to the county assessor for taxation.””
    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.