Cohrs v. Scott’s Empirical Analysis
1960
Citation profile
45 state decisions
How this case has been cited
Cited by 55 later decisions — most recently September 2018 · most notably Lifemark Corp. v. Merritt (1983), Carnes v. Meador (1975)
45 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 Joske v. Irvine · Morrison v. Farmer · Jones v. Siler · 45 Tex. Civ. App. 406 - Pearce v. Dyess · Solether v. Trinity Fire Ins. Co.
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Assuming a fraud, we are unable to find injury to [the wife] or to the community estate. After the above evidence had been developed, [the wife] entered into an agreement with [the husband] for an amicable division of their community estate, and judgment was entered thereon. This judgment, from, which no appeal has been taken, is presumed to have equitably adjusted and divided the estate of the spouses, taking into consideration all claims and counterclaims between them. Under that agreement and judgment, [the wife] received substantial properties and [the husband] was left with substantial properties. Beyond any question, as between [the husband] and Cohrs, [the husband] was the principal actor as to [the property furnished to a third-party], and the fraud on [the wife]. There are cases which say that where a husband perpetrates a fraud upon the wife by the making of excessive gifts of community property to third persons with a fraudulent intent, she is entitled to recover against the property of the husband and against third possessors. But under the facts before us, the fraud having been initiated and carried out mainly by the husband, she must look primarily to him and his property to right the wrong. The trial court here, in dividing the community property, and the parties in agreeing to such settlement, presumably compensated [the wife] for any loss she may have suffered on the purchase and disposition of the Cadillac s. This holding makes unnecessary serious questions ”
1 later decision quote this exact passage · from the majority“A resulting trust arises by operation of law when title is conveyed to one person but the purchase price or a portion thereof is paid by another. The parties are presumed to have intended that the grantee hold title to the use of him who paid the purchase price and whom equity deems to be the true owner. The trust arises out of the transaction and must arise at the time when the title passes. Cohrs v. Scott, 161 Tex. 111 , 338 S.W.2d 127, 130 (1960).”
1 later decision quote this exact passage · from the majority
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.