Fleming v. . Sexton’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . (T)he general rule is that standing timber growing on land is considered a part of the inheritance, and that a tenant is never allowed to cut and sell timber merely for his own profit, but there is clear intimation that the tenant for life is not liable for waste in the cutting and sale of timber if done with a present view of making needed repairs, and the proceeds are honestly expended for that purpose and no substantial injury to the inheritance has been caused. . . .” Fleming v. Sexton, 172 N.C. 250 , 90 S.E. 247 . To like effect, see Thomas v. Thomas, 166 N.C. 627 , 82 S.E. 1032 .”

   1 later decision quote this exact passage
   e.g. 3 N.C. App. 515 - Temple v. Carter

2. “the pleadings are general in actions to try title to land. The plaintiff alleges ownership and under this allegation is permitted to establish his title in any legitimate way, by a connected chain of title or by adverse possession with or without color, by proof of tenancy, etc.; and the same latitude is allowed the defendant in making his defense. . . . “So in those States which have adopted the code system it is usually held that the defendant may under the general denial prove any fact which will defeat the plaintiff’s cause of action.””

   1 later decision quote this exact passage
   e.g. Devone v. Pickett