Nelson v. Stocking’s Empirical Analysis

Citation profile

4 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The narrow question presented is whether the homestead exemption of appellant is coextensive with his interest in the entire tract, or extends only to his interest in 160 acres. While the question appears to be one of first impression in this state, it has been before the courts in other jurisdictions. “In 29 C.J. 849, it is stated: ‘In some states, where a tenant in common is entitled to a homestead, and the entire property exceeds in quantity the statutory limit as to the number of acres, his right of homestead extends to an undivided interest of the statutory number of acres out of the interest owned. In other states this rule is not recognized, but it is held that if the entire property exceeds the number of acres allowed by statute as exempt, although the interest of the debtor would be less if set apart, he can claim as exempt only land occupied by him not exceeding the number of acres and value fixed by the statutes, to be allowed to him just as if he owned the entire tract.’ ” Nelson, 154 Kan. at 677 .”

   1 later decision quote this exact passage · from the majority
   e.g. 16 Kan. App. 2d 704 - Commerce Bank v. Odell

2. ““We think the answer to the question submitted is found in the express language of the statute above quoted. As the homestead exemption is allowed ‘to the extent’ of 160 acres, it cannot, without disregarding the plain words of the statute, be extended to embrace 281 acres. Decisions from other states based upon the language of local statutes are not particularly helpful. The court is of the opinion that under the specific language of our statute the exemption allowed is limited to 160 acres.” Nelson , 154 Kan, at 678.”

   1 later decision quote this exact passage · from the majority
   e.g. 16 Kan. App. 2d 704 - Commerce Bank v. Odell

3. ““ ‘Where a person owns an undivided half of a certain piece of land, and resides upon and occupies the land with his family, he may acquire a homestead interest in the land, under the homestead-exemption laws of Kansas, so far as such interest does not conflict with the rights and privileges of his cotenant . . (p. 677.) (Emphasis supplied.)”

   1 later decision quote this exact passage · from the majority
   e.g. Cole v. Coons