Tippett v. Barham’s Empirical Analysis
180 F. 76 · 1910
Citation profile
6 federal appellate · 1 district ·
How this case has been cited
Cited by 9 later decisions — most recently May 1940
6 federal appellate · 1 district ·
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 Fosdick v. Schall · Galveston Railroad v. Cowdrey · United States v. New Orleans Railroad · Dillon v. Barnard · Pennock v. Coe
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““There is a line of cases which, with more or less unanimity, holds that where a mortgage exists on real estate, and an accession is subsequently made of property agreed between vendor and the mortgagor to he treated as personalty and a reservation of title nntil paid for agreed upon between vendor and mortgagor purchaser, such accession, if it can be severed from the realty without Injury to the latter or to the value of the security for the mortgage debt as it stood before the improvement was made, will be impressed with the same character as between the vendor and mortgagee as between the vendor and mortgagor; in other words, lhat it does not become real estate, and may be removed without invading the rights of the mortgagee. * * * “Upon the other hand, there are many cases (some of which will hereinafter be referred to) which hold that personal property incorporated into or affixed to real estate in such maimer that it would be subject to the lien of an existing mortgage thereon as between the mortgagor and mortgagee will be so subject to the lion of the mortgage, notwithstanding the existence of an agreement between the vendor and the mortgagor that it shall retain its character as personal property, unless the mortgagee be also a party to such agreement. This is what is generally known as the ‘Massachusetts rule,’ and it has been affirmed by many other courts of last resort, and particularly by the Supreme Court of the United States iu several cases hereinafter separate”
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.