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← 177 N.C. App. 415 - Martin v. Roberts

177 N.C. App. 415 - Martin v. Roberts’s Empirical Analysis

2006

Citation profile

1
cited by 1 later decisions
1
states following
August 2006
most recently cited

1 state decisions

Relationships

Relies on L & M GAS COMPANY v. Leggett · Allstate Insurance v. Nationwide Ins. · Eaton v. . Doub · Johnson v. . Leavitt · In Re Foreclosure of Deed of Trust Recorded in Book 911, at Page 512

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

  1. “The tenancy by the entirety may be terminated by a voluntary partition between the husband and the wife whereby they execute a joint instrument conveying the land to themselves as tenants in common or in severalty. But neither party is entitled to a compulsory partition to sever the tenancy. . . . . . . A divorce a vinculo, an absolute divorce destroying the unity of husband and wife that is essential to the existence of the tenancy, will convert an estate by the entirety into a tenancy in common. The divorced spouses become equal cotenants.. . . Each spouse is entitled to an undivided one-half interest in the property. . . . A divorce a mensa et thoro, on the other hand, a divorce from bed and board which does not dissolve the marriage relation, does not sever the "unity of the persons," and does not terminate or change the tenancy by the entirety in any way. . . .”
    1 later decision quote this exact passage
  2. “and does not terminate or change the tenancy by the entirety in any way. . . . Martin v. Roberts, ___ N.C.App. ___, ___, 628 S.E.2d 812, 815 (2006) (citations omitted) (emphasis in original) (emphasis added). See In re Civil Penalty, 324 N.C. 373, 384 , 379 S.E.2d 30, 37 (1989) (”
    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.