17 So. 2d 637 - Green v. McDade’s Empirical Analysis
1944
Citation profile
9 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2004
9 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 Abshire v. Lege
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Error as to the nature of the contract will render it void.”
3 later decisions quote this exact passage““Not one word of the testimony of plaintiff was contradicted on the part of defendant. * * *. ‡ sfc ¿{i % ‡ :|í “Upon the facts as disclosed by the record, we are convinced that plaintiff had no intention of making conveyance of the property, and that, he was under the distinct and definite impression that the instrumént he executed was a mortgage. To our minds, no other conclusion could be reconciled with the facts., adduced upon trial of the case. It is inconceivable that a purchaser of a forty-acre tract of land of a value of some $20 per acre, with modest but nonetheless satisfactory improvements thereon, would suffer seventeen years to pass' without making the slightest attempt to take possession, or in any way to assert his rights of ownership. Over this period of time the purported vendee suffered his vendor to remain in absolute, open and uncontested possession, to exercise every right of ownership, all without payment of a single solitary cent in the nature of rent.” [ 17 So.2d 640 ],”
2 later decisions quote this exact passage“"It is a well recognized rule of law that error with regard to the nature of a transaction, `error in negotio', renders the transaction void. * * * * * * "The exact situation exists in the case before us as is set forth in the codal article, for while he who received may have intended to purchase, it is evident that he who delivered intended only to pledge."”
1 later decision quote this exact passage
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.