Evans v. Graves’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. ““The applicable rule here involved is stated in Hensley v. Conway, Tex.Civ.App., 29 S.W.2d 417 (citing numerous authorities), that ‘The statutes of limitation as to an interest in land, which one owns as a remainderman, subject to a life estate in another, do not begin to run in favor of one in possession until the death of the life tenant.’ Appellees concede the above general statement of law as applied to an uninterrupted continuation of the life tenancy; the rule being .that during an ordinary life tenancy, a remain-derman has no cause of action; but argue that an exception exists where the remainderman has an available remedy, or means of legally protecting himself, in -which event, limitation would bar his rights even during the period of life tenancy. The remedy available in the instant case, as appellants contend, was an accrued right of action on at least two counts, (1) to construe the Pulliam will, or (2) suits to remove cloud from title to her future estate; and Howth v. Farrar, 5 Cir., 94 F.2d 654 , is mainly relied on in support of the judgment in appellees’ favor. “ * * * Though appellants might have been able to maintain a suit during the life estate to quiet title, yet she was not compelled to do so until a right of possession accrued. Restatement of the Law, Property, § 222, p. 902, states the rule generally applied; including states where, by statute, the action to quiet title or remove cloud is more comprehensive, in contrast to its limited application in T”

   2 later decisions quote this exact passage
   e.g. Ferguson v. Johnston · 133 So. 3d 794 - Lott v. Saulters

2. ““[t]he statutes of limitations as to an interest in land, which one owns as a remainderman, subject to a life estate in another, do not begin to run in favor of one in possession until the death of the life tenant,” that an “exception exists where the remainderman has an available remedy, or means of legally protecting himself, in which event, limitation would bar his rights even during the period of life tenancy... .The remedy available ... was [a] suit to remove cloud from title to her future interest.””

   1 later decision quote this exact passage
   e.g. 133 So. 3d 794 - Lott v. Saulters

3. ““To the extent of the conclusions just reached, it is evident that our views are similar to those expressed in the dissent of Judge Holmes in the Circuit Court appeal of Howth v. Far-rar, 5 Cir., 94 F.2d 654 , relative to an interpretation of the Texas appellate decisions on the subject discussed; with due respect and consideration, of course, for the reasoning of the able jurist who wrote that Court's majority opinion." (Italics ours.)”

   1 later decision quote this exact passage
   e.g. Ferguson v. Johnston