Davis v. Manhard’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A deed by a grantor out of possession of real property who has not been in possession for a year next preceding date of conveyance, or has not within a year taken rents and profits, or those under whom he claims, is void as against any person or persons in adverse possession. “Where the holder of the legal title to real estate, who is out of possession, convoys such title to a third person who is not in possession, in contemplation of law, as between the grantor, grantee, and the person in possession, holding adversely, claiming to be the owner thereof, the title remains in the grantor or original proprietor, and the person in possession has a right to purchase in such title, from the original owner, for the purpose of perfecting his title after said owner has attempted to convey said property to another, as said attempted conveyance is champertous.””

   1 later decision quote this exact passage
   e.g. Setterstrom v. Phelan

2. ““ ‘Adverse possession’ means open, continuous, and exclusive possession with claim of ownership, such as will notify parties seeking information on subject that premises are not held in subordination to any title or claim of others, but against all titles and claimants.””

   1 later decision quote this exact passage
   e.g. Anderson v. Hill