Mattechek v. Pugh’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 6 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Whether an article attached to the realty is real property or personal property is dependent, not only upon its character and the manner of its attachment, but also to some extent upon agreements, if any, relating to its status. The giving of a bill of sale to an article attached to the soil at the same time a deed is executed covering the realty is an indication that the parties intended the articles should be deemed personal property. The bill of sale in such an instance effects a constructive severance of the article from the soil and restores to it its original status as personalty. * * * This court has recognized that parties may agree that the annexation of a chattel to the land shall not deprive it of its character as personalty. [Citations omitted.] Likewise, this court has held that the interested parties may agree that an article already annexed to the soil shall be deemed personalty. Blake-McFall Co. v. Wilson, 98 Or. 626 , 193 P. 902 , 14 A.L.R. 1275 ; Kennedy v. City of Hood River et al., 122 Or. 531 , 259 P. 911 ; First State & Savings Bank v. Oliver, 101 Or. 42 , 198 P. 920 ; Lees v. Hobson, 90 Or. 248 , 176 P. 196 . Such agreements are effective between the parties and those having notice.””

   1 later decision quote this exact passage
   e.g. Pepin v. City of North Bend