Hamilton v. Hamilton’s Empirical Analysis
1955
Citation profile
109 state decisions
How this case has been cited
Cited by 110 later decisions — most recently June 2009 · most notably Womack v. Berry (1956), Pierce v. Reynolds (1959)
109 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 McMurry v. Stanley · Deaton v. Rush · Harrell v. Hickman · Murphy v. Slaton · Caples v. Ward
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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It seems to be the law generally that a partition deed does not operate as a conveyance or transfer of title, the effect being to divide the property- and to give to each the share which he already owned by virtue of some-prior deed or other conveyance. French v. French, Tex.Civ.App., 188; S.W.2d 586, er. ref.; Jones v. State, Tex.Com.App., 5 S.W.2d 973 , the reason being that the parties already-owned their respective interests and' a partition deed from one to another is not the conveyance of title but merely the division of the property so-that each may have exclusive use and-' occupancy and the right to dispose of as he sees fit his own land, to make it. in a form certain instead of an undivided interest in the whole. Cleveland v. Milner, 141 Tex. 120 , 170 S.W.2d 472 .””
2 later decisions quote this exact passage““There is nothing to indicate that the parties had in mind anything more than a completely effective dissolution of their partnership and a division of their jointly owned property. The contract was consummated by the execution of warranty deeds, the common and accepted way of partitioning lands voluntarily.””
1 later decision quote this exact passagee.g. Pleasant v. Johnson
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.