Schroeder v. Young’s Empirical Analysis

Citation profile

57 federal appellate · 6 district · 137 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 235 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Defendant relies mainly upon the fact that the statutory period of redemption was allowed to expire before this bill was filed, but the court below found in this connection that before the time had expired to redeem the property the plaintiff was told by the defendant * * * that he would not be pushed,' that the statutory time to redeem would not be insisted upon; and that the plaintiff believed and relied upon such assurance. Under such circumstances the courts have held with great unanimity that the purchaser is estopped to insist upon the statutory period, notwithstanding the assurances were not in writing, and were made without consideration, upon the ground that the debtor was lulled into a false security.””

   6 later decisions quote this exact passage · from the majority
   e.g. Marshall v. Pletz · Cherry v. Cherry

2. ““It is perfectly well settled that a judicial sale will not be set aside for inadequacy of price unless it be so gross as to shock the conscience, or unless there be additional circumstances which would make it inequitable to allow the sale to stand. ****** While mere inadequacy of price has rarely been held sufficient in itself to justify setting aside a judicial sale of property, courts are not slow to seize upon other circumstances impeaching the fairness of the transaction, as a cause for vacating it * *”

   4 later decisions quote this exact passage
   e.g. Barstow v. Beckett · McHugh v. Church

3. ““It is insisted that the proceedings [the execution sale and the purchase thereat] were ail conducted according to the forms of law. Very likely. Some of the most atrocious frauds are committed in that way. Indeed, the greater the fraud intended, the more particular the parties to it often are to proceed according to the strictest forms of law. “Gonsidering the amount of the stake to be won, and the overwhelming injury to be inflicted upon an unsuspecting woman, it is difficult to regard with equanimity the proceedings of the defendant as the year of redemption drew to its close, and after it had terminated. ® * * “In any light in which Graffam’s conduct may be viewed, it is dear that he did not- pursue an open, straightforward coursa As we view the proofs, he evidently conceived the design of getting complainant’s property for a mere nominal consideration, or else, of getting her into his power so as to compel her to comply with any exorbitant demands he might choose to make. He knew she was ignorant of the sale, and of the position in which the sale placed her. He stood by and saw her expending large sums of money on the property in total unconsciousness of his proceedings, and of the means of injuring her which he held in his hands. Instead of undeceiving her, he gave her a mere perfunctory notice that if she did not settle the daims which he held he would have to take it out of her property, and pursued just such a, course as was calculated to lull instead of exciting any”

   1 later decision quote this exact passage · from the majority
   e.g. Ivy v. Hood