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← 175 S.W. 1083 - Bailey v. Culver

Bailey v. Culver’s Empirical Analysis

1915

Citation profile

5
cited by 5 later decisions
1
states following
July 1936
most recently cited

5 state decisions

How this case has been cited

Cited by 5 later decisions — most recently July 1936

5 state decisions

20191519201930decided

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 Oxsheer v. Watt · 1 Tex. Civ. App. 202 - H. T. Simon, Gregory & Co. v. Ash · Burlington State Bank v. Marlin Nat. Bank · Brinberry v. White · Aycock v. Thomas Trammell & Co.

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

  1. ““But if such misdescription had been material, equity, upon a proper showing of mutual mistake, would have reformed and enforced the mortgage, and the evidence in this case was sufficient to justify such reformation. However, we deem the error as to describing the debt immaterial, for the reason that it was the debt, and not the note, that was secured by the mortgage. Aycock v. Trammell, 77 Tex. 487 , 14 S. W. 147 ; Meyer Bros. v. Rather [Tex. Civ. App.] 30 S. W. 812 ; Simon v. Ash [ 1 Tex. Civ. App. 202 ], 20 S. W. 719 . “In Meyer Bros. v. Rather, supra, the court quotes with approval from Cobby on Chattel Mortgages, as follows: “‘The validity of a mortgage depends on the genuineness of the debt which the mortgage is to secure, and not upon the description of the debt contained in the mortgage. * * * A misdescription of the note given as evidence of the debt, in the chattel mortgage securing the same, is not a fatal error, a'nd does not avoid the mortgage.’””
    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.