Newbern v. Gould’s Empirical Analysis
1933
Citation profile
4 federal appellate · 18 state decisions
How this case has been cited
Cited by 22 later decisions — most recently July 1996
4 federal appellate · 18 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 Morgan v. McGee · Campbell v. Newman · Barnett v. Douglas
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The general rule seems to be, where reformation is sought as defensive matter, that, ‘even though such an equitable defense is within the spirit of the statute, the statute does not begin to run against an equitable right to reform a deed until an attempt is made to assert the deed ag.ainst the party in' possession.” 23 R.C.L. 353. This rule is in effect to say that the statute does not begin to run against the right to reform as a defense until a.right is asserted against the defendant which requires him to ask for a reformation to protect his rights. Here no claim was ever asserted contrary to the clear intention of the parties to the original transaction including plaintiff, until shortly' before this action was commenced.” (Emphasis ours.)”
1 later decision quote this exact passagee.g. Maloy v. Smith““Under a sufficient showing of mutual mistake, or mistake on one side and fraud or inequitable conduct on the other, 'if by such mistake an estate or interest intended to be conveyed is enlarged, curtailed, or vests in a different manner from what the parties intended, the deed will be corrected, and the omission of a reservation will be righted.””
1 later decision quote this exact passage““The cause was tried upon the issues thus joined resulting in a general finding for defendant and decree reforming the deed as prayed for, reserving, however, to plaintiff full right to lease the land for oil, gas, etc., and the right to collect and retain all bonus money and annual rentals for such leases.””
1 later decision quote this exact passagee.g. Douglas v. Douglas
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.