Sexton v. Kessler & Co.’s Empirical Analysis
172 F. 535 · 1909
Citation profile
6 federal appellate · 6 district ·
How this case has been cited
Cited by 18 later decisions (2 by the Supreme Court) — most recently November 1994
6 federal appellate · 6 district ·
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.
Appellate journey
Relationships
Relies on Frank Thompson v. Henry Fairbanks · Humphrey v. Tatman · Casey v. Cavaroc · Clark Assignee v. Iselin · Hauselt v. Harrison
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The principle that the taking possession may sometimes be held to relate back to the time when the right to do so was created is recognized in the above ease. So in .this case, although there was no actual existing lien upon this after-acquired property until the taking of possession, yet there was a positive agreement, as contained in the mortgage and existing of record, under which the inchoate lien might be asserted and enforced, and when enforced by the taking of possession that possession under the facts in this ease' related back to the time of the execution of the mortgage of April, 1S91, as it was only by virtue of that mortgage that possession could be taken. The Supreme Court of Vermont has held that such a mortgage gives an existing lien by contract, which may be enforced by the actual taking of possession, and such lien can only be avoided by an execution or attachment creditor whose lien actually attaches before the taking of possession by the mortgagee. Although this after-acquired property was subject to the lien of an attaching or an execution creditor if perfected before the mortgagee took possession under his mortgage, yet, if there was no such creditor, the enforcement of the lien by taking possession would' be legal, even if within the four months provided in the act." There is a distinction between the bald creation of a lien within the four months and the enforcement of one provided for in a mortgage executed years before the passage of the act, by virt”
1 later decision quote this exact passage · from the majority““While the Supreme Court in the cases referred to treats the validity of the mortgages and the rights of the mortgagees thereunder to be matters of local law, in my opinion it also states this underlying and controlling distinction: The exercise of a pre-existing right well founded in equity is not a preference, although occurring within the prescribed period; ‘the bald creation of a lien within four months’ is a preference.””
1 later decision quote this exact passage · from the majority“We certify that we have specially set aside and hold for your account, on this, the 31st day of December, ’03, as security for the drawing credit which you accord us, the following securities. Name secs, and market value.”
1 later decision quote this exact passage · from the majority
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.