Brown v. Cartwright’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he question of adverse possession or occupancy is one of the intention of the parties [citing Magelssen v. Atwell (1969), 152 Mont. 409, 414 , 451 P.2d 103, 105 ]: “The law of this state is that: ‘The question of adverse possession is one of intention. The intention must be discovered from all the circumstances of the case.’ Lamme v. Dodson (1883), 4 Mont. 560, 591 , 2 P. 298 , 303; Stetson v. Youngquist (1926), 76 Mont. 600 , 248 P. 196, 198 .” 3 Am.Jur.2d Adverse Possession § 13, p. 91, puts the rule in a slightly different fashion: While there is no fixed rule whereby the actual possession of real property by an adverse claimant may be determined in all cases, it may be stated as a general rule that the claimant’s possession must be such as to indicate his exclusive ownership of the property. Not only must this possession be without subserviency to, or recognition of, the title of the true owner, but it must be hostile thereto, and to the whole world. It has been declared that the disseisor “must unfurl his flag on the land, and keep it flying, so that the owner may see, if he will, that an enemy has invaded his domains, and planted the standard of conquest.” [Emphasis in original].”

   1 later decision quote this exact passage · from the majority
   e.g. Brimstone Mining, Inc. v. Glaus

2. ““* * # £^0 filing of a quiet title action freezes the respective rights of the parties at the time of commencement of the action. * *”

   1 later decision quote this exact passage · from the majority
   e.g. Alden v. Johnson