Lathrop v. Eyestone’s Empirical Analysis

Citation profile

2 federal appellate · 50 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Although all parts of the instrument are to be considered the granting clause is, of course, paramount in determining what interest was intended to be granted.”

   6 later decisions quote this exact passage · from the majority
   e.g. Shepard v. John Hancock Mutual Life Insurance · 10 Kan. App. 2d 149 - Drach v. Ely

2. ““CONTRACT ON GAS AND OIL ROYALTY “THIS CONTRACT made and entered into this 11th day of January, 1918, by and between U. S. Akers and Nellie G. Akers, his wife, of Prowers County, in the State of Colorado, parties of the first part and A. G. Stewart, of Seward County, in the State of Kansas, as party of the second part, “WITNESSETH: That said parties of the first part, in consideration of the sum of $50.00, the receipt of which is hereby acknowledged, do by these presents sell, assign and agree to deliver unto said party of the second part, his heirs and assigns, one-half (V2) the royalty in Oil and Gas produced upon the following described land to-wit: The East Half of Section twenty-two (22), in Township thirty-three (33), Range thirty-four (34), in Seward County, Kansas, containing 320 acres, more or less, according to the Government survey thereof; and that this contract conveys to the second party, said royalty, whether paid in cash by the company now holding the oil and gas lease on said premises, as provided in such lease, or of any royalties to become due and owing by reason of any future oil or gas leases executed and delivered by the said first parties or their assigns; and that this contract further binds said first parties, their heirs or assigns, to deliver to the second party one-half of all royalties to become due and owing to said first parties, their heirs or assigns by reason of any production of oil or gas produced upon said premises. “The said first parties”

   1 later decision quote this exact passage · from the majority
   e.g. Cosgrove v. Young

3. ““Royalty Deed. “This Indenture, made this 29th day of June, 1916, between Frank M. Rogers, and Mary D. Rogers, his wife, of Cowley County in the State of Kansas, parties of the first part, and Walter Henning of Sedgwick County, in the State of Kansas, party of the second part. “Witnesseth, that whereas the first parties are the owners of the following described lands situated in Cowley County, Kansas, to-wit: Lot 2, and the Southeast Quarter of the Northwest Quarter of Section 31, Township 30, Range 4 East, containing 80 acres more or less, and whereas said first parties did on December 17, 1915, give to H. M. Benedum and J. C. Trees a certain oil and gas lease on said lands, under which lease die first parties are to receive a royalty of & part of all oil produced from said premises, and $300 per year for each gas well used thereon. “Now, Thebefobe, the parties of the first part, for and in consideration of the sum of $5,000 to diem duly paid, have sold and by these presents do grant, bargain, sell and convey to the said party of the second part, his heirs and assigns, the one-half part of all of the royalties reserved to first parties under the said gas and oil lease, and any other leases or contracts which may have theretofore been given, or may hereafter be given by first parties, for the oil and gas under said land. “And for the same consideration, the parties of the first part do hereby sell and convey unto the second party, his heirs and assigns, an undivided Ye intere”

   1 later decision quote this exact passage · from the majority
   e.g. Magnusson v. Colorado Oil & Gas Corp.