Stephens v. Clay’s Empirical Analysis
1892
Citation profile
3 federal appellate · 29 state decisions
How this case has been cited
Cited by 33 later decisions — most recently May 1962 · most notably Dozier v. Farrior (1914), County Commissioners v. City of Colorado Springs (1919)
3 federal appellate · 29 state decisions
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 Shillaber v. Robinson · Fiske v. Tolman · Wells v. Caywood · Murray v. Hobson · Bottineau v. Ætna Life Insurance
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The decision of the case at bar depends upon the effect of the first attempted sale and deed by the trustee. That there was a fatal error on his part in advertising the sale is not questioned; but if the deed executed in pursuance thereof conveyed the trustee’s legal title, his subsequent attempted sale and deed were ineffectual to destroy appellee’s right of redemption. If, on the contrary, the trustee’s first deed was of no force or effect whatever for any purpose, the legal title remained in him, and his second sale and deed being regular, divested appellee’s equity of redemption. “Trust deeds given as security, and mortgages containing a power of sale, vest the legal title in the trustee. The equity of redemption or equitable title, remains in the mortgagor or ‘trustor,’ i. e., the owner. The legal title of the trustee is supplemented by a power which authorizes him upon default in payment of the mortgage debt, to advertise and sell the property; the right-to exercise this power, as we shall presently see, being dependent upon his possession”
1 later decision quote this exact passage · from the majoritye.g. Carlson v. Howes
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.