Lowenstein v. Sexton’s Empirical Analysis

Citation profile

33 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““By a tax deed the property of a citizen is: conveyed for a consideration that moves to the public and not to the owner of the property, and it may, therefore, be said to be a taking of -private property for public use, which can only be done in all cases by a strict compliance with the law authorizing it. “There is no contract and there are no equities as in cases between individuals, which may be brought forward to aid the court in determining the equities between the parties, and by the aid of which to- determinate the rights of either, and to order a, reformation of the instrument of conveyance1 to conform to such rights.””

   1 later decision quote this exact passage · from the majority
   e.g. Elerick v. Reed

2. ““The liberal construction with regard to tax proceedings required by section 5667 of the statute does not go to the extent of authorizing or directing the court to read a necessary provision which has been omitted therefrom by the official executing it, because such fact may be or has been proven to exist, and by so doing declare a deed to be valid which does not conform to the requirements of the statute. A liberal construction would, we think, require the court to declare an instrument valid where words are used declaring facts to exist which are equivalents to the statutory requirements.””

   1 later decision quote this exact passage · from the majority
   e.g. Kramer v. Smith

3. ““A strict compliance with the law alone divests the citizen of his property for public use, and where, as in this case, the statute prescribes the substantial form of an instrument by which property shall be conveyed, it cannot be conveyed by an instrument which does not recite the existence of the facts required. Nor can we go behind the deed to prove the existence of facts which should have been set forth in it.””

   1 later decision quote this exact passage · from the majority
   e.g. Kramer v. Smith