Hensley v. Samel’s Empirical Analysis
2004
Citation profile
8 state decisions
Relationships
Relies on 148 N.C. App. 356 - Adams v. Jefferson-Pilot Life Insurance · 127 N.C. App. 457 - Chicago Title Insurance v. Wetherington · Russell v. Coggin · Adams v. Jefferson-Pilot Life Ins. · Carolina Spirits, Inc. v. City of Raleigh
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'free the land of the cloud resting upon it and make its title clear and indisputable, so that it may enter the channels of commerce and trade unfettered and without the handicap of suspicion....' " Resort Dev. Co. v. Phillips, 278 N.C. 69 , 77, 178 S.E.2d 813 , 818 (1971) (quoting Christman v. Hilliard, 167 N.C. 4 , 8, 82 S.E. 949 , 951 (1914) ). " 'A cloud upon title is in itself a title or encumbrance, apparently valid, but in fact invalid.' " York v. Newman, 2 N.C.App. 484 , 488, 163 S.E.2d 282 , 285 (1968) (quoting McArthur v. Griffith, 147 N.C. 545 , 549, 61 S.E. 519 , 521 (1908) ). "To establish a prima facie case for removing a cloud upon title, two requirements must be met: (1) the plaintiff must own the land in controversy, or have some estate or interest in it; and (2) the defendant must assert some claim in the land adverse to plaintiff's title, estate or interest.”
2 later decisions quote this exact passage“'free the land of the cloud resting upon it and make its title clear and indisputable, so that it may enter the channels of commerce and trade unfettered and without the handicap of suspicion....'”
1 later decision quote this exact passage
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.