Redd v. Brun’s Empirical Analysis

Citation profile

9 federal appellate · 1 district · 2 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the face of this statute, reasonable diligence required that the complainant, who suspected conveyances of real' estate would be made or procured by Tillett for the purpose of concealing his property and defrauding his creditors, should examine the public records in his name, which would be likely to disclose and which did disclose such conveyances, at least once in three years. He failed to make this search, and to inquire among Tillett’s neighbors and friends, so as to ascertain his relationship to Mrs. Stortes, until the statutory time had passed. The burden was upon him in this suit to show some sound reason why he did not make this search and inquiry in less than four years after the means of discovering the fraud were within his reach, and why a court of equity should refuse to apply its doctrine of laches until more than two years after the statutory limitation upon a like action had expired. He did not successfully bear this burden. He failed to establish any reasonable excuse for his postponement of his inquiry and search for more than four years after the.se deeds had been recorded. If by a failure to make the search and inquiry after the public record disclosed the means of discovery he could toll’ the. limitation of the statute two years beyond the statutory time, it is not- perceived why by a continued failure he might not toll it indefinitely; and as no equitable reason has been shown why the doctrine of laches should not be applied after the expiration of t”

   1 later decision quote this exact passage · from the majority
   e.g. Wilson v. Le Moyne

2. ““cause of action in such cases shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.””

   1 later decision quote this exact passage · from the majority
   e.g. Cunningham v. Pettigrew