171 W. Va. 266 - Osnes v. Morris’s Empirical Analysis
1982
Citation profile
7 state decisions
Relationships
Relies on Fritts v. Palmer · Charles McMicken v. Freeman G Carey · In Re the Estate of McGraw · 132 W. Va. 814 - Hannah v. Beasley · 140 W. Va. 422 - Goetz v. Old National Bank of Martinsburg
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The precedent that any conveyance to an ecclesiastical corporation in contravention of the statutes of mortmain is absolutely void, and not voidable, is overwhelming. In fact, in all of the statutes of mortmain except 7 Edward I stat. 2 up until the American Revolution, the word “void” is used expressly. For example the statute of 9 Hen. Ill, c. 36 provides: If any from henceforth give his Lands to any Religious house, and thereupon be convict, the Gift shall be utterly void, and the Land shall accrue to the Lord of the Fee. While the act of 7 Edw. I stat. 2 on the subject of mortmain does not use the word “void” explicitly, it uses the word “forfeit” which, in the context of the statute, has the same meaning.”
1 later decision quote this exact passage“No charter of incorporation shall be granted to any church or religious denomination. Provisions may be made by general laws for securing the title to church property, and for the sale and transfer thereof, so that it shall be held, used, or transferred for the purposes of such church, or religious denomination.”
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.