Graff v. Holliday’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It may be stated as settled law that where there is a great weakness of mind in a person executing a conveyance of land, arising from age, sickness, and any other cause, though not amounting to absolute disqualification, and the consideration given for the property is grossly inadequate, a court of equity will, upon proper and seasonable application of the injured party or his representatives or heirs, interfere and set the conveyance aside.””

   3 later decisions quote this exact passage
   e.g. Powell v. Hughes · Russworm v. Sims

2. ““Where the unsoundness of mind of the grantor is so great that he cannot understand the nature and effect of the execution of a conveyance, although the grantor is not entirely without understanding and his incapacity has not been previously judicially determined, he or his guardian subsequently appointed may, as authorized by IS O.S.1941 § 23, rescind by complying with 15 O.S.1941 § 235, and such conveyance may be cancelled without proving inadequacy of consideration, fraud, menace, duress, undue influence of mistake, where he can do so without prejudice to the rights of third persons.””

   1 later decision quote this exact passage
   e.g. Mock v. Stricklin

3. ““Where the mental incapacity of a grantor is a material issue in an action to cancel a conveyance for incompetency, evidence as to his weakness of mind is not confined to the date of the conveyance, but may go to any period of his life, prior and subsequent to the conveyance.””

   1 later decision quote this exact passage
   e.g. Mock v. Stricklin