Wirick v. Nance’s Empirical Analysis

Citation profile

3 federal appellate · 14 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““While the mere possession of land by one tenant in common does not usually amount to an ouster of his cotenant, or to adverse possession as against the claim of his cotenant, and is usually deemed a possession in subordination to the rights of the cotenant, yet the circumstances of the entry and possession may be sufficient to show, by clear and convincing proof, a denial or repudiation of his cotenant’s rights so as to constitute adverse possession. “A possession of real estate which is open, visible, continuous, and exclusive, with a claim of ownership such as will notify parties seeking information upon the subject that the premises are not held in subordination to any title or claim of others, but against all titles and claimants, is an adverse possession.””

   2 later decisions quote this exact passage
   e.g. Moore v. Slade · Scott v. Emanuel

2. “the whole record conclusively shows that the possession of the defendants was at all times open, visible, continuous and exclusive with claims of absolute ownership, such as would undoubtedly constitute notice to parties seeking information upon the subject that the premises were not held in subordination to any title or claim of others, but against all claimants of title.”

   1 later decision quote this exact passage
   e.g. HODGE v. WRIGHT