Hillyer v. . Leroy’s Empirical Analysis

Citation profile

6 federal appellate · 4 district · 8 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““1. Bankruptcy — When Judgment against Bankrupts Not Affected by Bankruptcy Proceedings — Judgment Creditors may Enforce Judgment by Execution or Bring Equitable Action Thereon — Rights in Latter Action. Where a judgment has been recovered and docketed more than four months prior to the filing of a petition in bankruptcy by the judgment debtors, the effect thereof is to impress upon the real estate of the judgment debtors a lien, not only as to such which was then actually held by them, but as to any that had been transferred by them in fraud of their creditors; the judgment creditors may enforce their judgment by a sale of the land under execution, or they may bring an action in equity to obtain a decree which adjudges transfers, made by the judgment debtors, to have been void, which compels the fraudulent transferees of the real estate to account to them to the extent of their judgment, together with the mesne rents and profits of the real estate from the time of the commencement of the action in equity, and which appoints a receiver to enforce their rights by a sale of the land, or so much thereof as may be necessary, to satisfy the claim. “2. Equitable Action on Judgment — Not a Waiver of Original Judgment— Powers and Duties of Receiver Therein. The bringing of the action in equity cannot be regarded as constituting any waiver, or abandonment, of the benefit of the original judgment; the judgment in the equitable action has relation only to the rights of the plaintiffs un”

   1 later decision quote this exact passage
   e.g. Casey v. Baker

2. ““The declaration of the section f67f] is distinct that the lien therein referred to is only invalid where it has been obtained by the creditor within four months prior to the filing of the petition in bankruptcy, and equally distinct is its meaning that the validity of a lien obtained prior to that interval of time will he recognized. That construction has been given to the statute by the United States Supreme Court. Metcalf v. Barker, 1S7 U. S. 165, 23 Sup. Ct. 67 , 47 L. Ed. 122 .” Wicks v. Perkins et al., 1 Woods, 383 , Fed. Cas. No. 17,615.”

   1 later decision quote this exact passage
   e.g. Oilfields Syndicate v. American Improvement Co.