Wilson v. Olsen’s Empirical Analysis

Citation profile

2 federal appellate · 37 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “`A court of equity will look at the real object of a deed and the intention of the parties, and will compel the fulfillment of both, and, if possible, the intention of the grantor will be gathered from the whole instrument. If the intention of the parties to the deed is plain, parol evidence is not admissible to prove an intention different from the terms of the deed, but where a deed possesses an element of uncertainty, parol evidence, the admission of the parties, and other extraneous circumstances may be proved to ascertain its true meaning.'”

   2 later decisions quote this exact passage
   e.g. Meeks v. Harmon · Purcell v. Thaxton

2. ““Had the words ‘and the rights thereto’ been omitted, it might be logically concluded that the reservation referred to ‘royalty’ taken in a strict sense, and as defined by Webster’s New International Dictionary as, ‘a share of the product or profit reserved by the owner for permitting another to use the property,’ and as defined in the various judicial pronouncements cited by plaintiff in error. The addition, however, of the words, ‘and the rights thereto,’ must either be construed as a mere repetition, or as referring to gas, oil, and mineral rights. And the suggestion that it referred to gas, oil, and mineral rights is the more pronounced by reason of the fact that at the time of the execution of the deed there was no oil and gas lease on the property, and at that time, at least in the strict sense, there were no royalty rights to reserve or deal with in any manner.””

   1 later decision quote this exact passage
   e.g. Cook v. McClellan

3. ““In earlier decisions much importance was attached to the language used in the different clauses of a deed, but the modern tendency is to ignore the technical distinctions between the various clauses and to ascertain, if possible, the intention of the grantor from the entire instrument without undue preference to any part.””

   1 later decision quote this exact passage
   e.g. Paschall v. Royalties, Inc.