Hussman v. Durham’s Empirical Analysis
165 U.S. 144 · 1897
Citation profile
12 federal appellate · 54 state decisions
How this case has been cited
Cited by 87 later decisions (13 by the Supreme Court) — most recently October 2005 · most notably Joy v. City of St. Louis (1906), Baltimore Shipbuilding Dry Dock Company of Baltimore City v. Mayor and City Council of Baltimore (1904)
12 federal appellate · 54 state decisions — followed in 18 states
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 Gibson v. Chouteau · Witherspoon v. Duncan · Hefner v. Northwestern Mut Life Ins Co · Charles Carroll v. Orrin Safford · Tucker v. Ferguson
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 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A title by relation extends no further backwards than to the inception of the equitable right. * * * In other words, the United States does not part with its rights until it has actually received payment, and if, by mistake, inadvertence, or fraud, a certificate of location, which is equivalent to a receipt, is issued, when in fact no consideration has been received, do equitable title is passed thereby; and a conveyance of the legal title does not operate by relation back of the time when the actual consideration is paid.””
1 later decision quote this exact passage · from the majority““ . . .so far as the money paid for taxes is concerned, it is familiar law that a purchaser of a tax title takes all the chances. There is no warranty on the part of the state.” Hussman v. Durham, 165 U.S. 144, 150 , 17 S.Ct. 253, 255 , 41 L.Ed. 664 (1897).”
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.