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← 171 W. Va. 516 - Herring v. Carroll

171 W. Va. 516 - Herring v. Carroll’s Empirical Analysis

1983

Citation profile

24
cited by 24 later decisions
2
states following
April 2017
most recently cited

4 district · 16 state decisions

How this case has been cited

Cited by 24 later decisions — most recently April 2017

4 district · 16 state decisions

801983199020002010decided

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 65 Cal. 2d 192 - Estate of Baglione · State ex rel. Hardesty v. Aracoma—Chief Logan No. 4523 · Deslauriers v. Senesac · First National Bank v. Energy Fuels Corp. · Alexander v. Boyer

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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"When the instrument of conveyance or ownership in any estate, whether real estate or tangible or intangible personal property, links multiple owners together with the disjunctive 'or', such ownership shall be held as joint tenants with the right of survivorship, unless expressly stated otherwise.””
    2 later decisions quote this exact passage
  2. ““In order to create a common law joint tenancy in real property the parties must receive an undivided interest under four conditions: 1) each party’s undivided interest must vest at the same time; 2) each party must receive an undivided interest in the whole estate; 3) each party’s possession must be coequal so that his property interest is the same as to the legal estate and duration; and 4) each party must receive his interest in the same title document. These four conditions for the creation of a common law joint tenancy are commonly abbreviated as the four unities of time, interest, possession and title. The main attribute of a common law joint tenancy was the right to survivorship.””
    1 later decision quote this exact passage
  3. ““Any act of a joint tenant which destroys one or more of its necessarily co-existent unities operates as a severance of the joint tenancy and extinguishes the right of survivorship. The act of one joint tenant in severing his interest in the property by alienation severs the joint tenancy to that extent, so that if there were but two tenants, the joint tenancy is terminated.””
    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.