Mellen v. Edwards’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““. . . and yet these authorities, as we read them, firmly lay down the rule that a court of equity has the inherent power, and it is within its discretion, to act as did the trial court in making the order from which this appeal is taken when the facts justify such action. “With that principle we are in hearty accord, and therefore the present question resolves itself into this: Did the trial court abuse his discretion? “Having in mind the general rule that mere inadequacy of price is not sufficient to avoid a judicial sale, to which rule this court has given its approval, Johnson v. Johnson, 66 Wash. 113 , 119 Pac. 22 , and not intending or desiring to change that rule, can we say that there are here other things, even though slight, which, added to the inadequacy of price, warrant the action taken? We feel that we cannot. The other things as shown by the record are not’ things for which the appellant is responsible. They exist in a sense, it is true, but they are the result of g'eneral conditions, and it does not here appear that the appellant has taken advantage of them to further his own interests.””

   1 later decision quote this exact passage
   e.g. Washington Mutual Savings Bank v. Horn

2. ““Shall a foreclosure sale, in all respects regularly conducted according to law, be set aside because the full value of the property has not been realized; or, stated a little differently, can this court say, under the facts here shown, that the sum of $950 is so grossly inadequate as to warrant a court of equity in refusing confirmation? There is, perhaps, also another question involved, and that is whether, in any event, the trial court was justified in naming a minimum or upset price fixed at the amount specified in the decree of foreclosure, as was done in the order appealed from.””

   1 later decision quote this exact passage
   e.g. 2 Wash. 2d 604 - Home Owners' Loan Corp. v. Callahan

3. ““If such objections be filed the court shall, notwithstanding, allow the order confirming the sale, unless on the hearing of the motion, it shall satisfactorily appear that there were substantial irregularities in the proceedings concerning the sale, to the probable loss or injury of the party objecting. In the latter case, the court shall disallow the motion and direct that the property be resold, in whole or in part, as the case may be as upon an execution received of that date.””

   1 later decision quote this exact passage
   e.g. 2 Wash. 2d 604 - Home Owners' Loan Corp. v. Callahan