152 W. Va. 169 - Work v. Rogerson’s Empirical Analysis
1968
Citation profile
28 state decisions
How this case has been cited
Cited by 30 later decisions — most recently November 2010 · most notably 152 W. Va. 252 - Berkeley County Public Service District v. Vitro Corp. of America (1968), 158 W. Va. 964 - Funkhouser v. Funkhouser (1975)
28 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 130 W. Va. 121 - Bennett v. Neff · Nicholson v. Shockey · 150 W. Va. 393 - Sargent v. Malcomb · 144 W. Va. 296 - Brown v. Crozer Coal & Land Company · Newcomb v. Brooks
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is no question but that the defendant Moore was in a fiduciary capacity when the land in question was sold, when the decrees of confirmation were entered, when the declarations of trust were executed and the final decree obtained and in such cases of fiduciary relationship where there may be indication of fraud, a presumption of fraud arises and the burden of going forward with the evidence rests upon the fiduciary to establish the honesty of the transaction. 37 C.J.S. Fraud, § 95; 8 M.J. Fraud and Deceit, § 56; Atkinson v. Jones, [ 110 W.Va. 463 , 158 S.E. 650 (1931)] supra; Nicholson v. Shockey, [ 192 Va. 270 , 64 S.E.2d 813 (1951)] supra. See Campbell v. Campbell, 146 W.Va. 1002 , 124 S.E.2d 345 [1962].” [ 152 W. Va. at 185 , 160 S.E.2d at 169 ]”
1 later decision quote this exact passage“"5. ‘A party holding a fiduciary relation to trust-property cannot become the purchaser of such property, either directly or indirectly; and if he does the sale is voidable and may be set aside at' the mere pleasure of the beneficiaries, although the price may have been adequate and the purchaser gained no advantage.’ Point 3, Syllabus, Reilly v. Oglebay, 25 W.Va. 36 [ (1884) ]. "6. Where a fiduciary while actually holding such relationship acquires interest in property from a sale thereof, such sale is voidable although the fiduciary may have given adequate consideration and gained no advantage whatsoever."”
1 later decision quote this exact passage““6. Where a fiduciary while actually holding such relationship acquires interest in property from a sale thereof, such sale is voidable although the fiduciary may have given adequate consideration and gained no advantage whatsoever. “10. Where a fiduciary relationship exists and there is an indication of fraud a presumption of fraud arises and the burden of going forward with the evidence rests upon the fiduciary to establish the honesty of the “transaction.””
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.