Elkins v. Townsend’s Empirical Analysis

Citation profile

7 federal appellate · 1 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A reservation, strictly speaking, is a clause in a deed creating or reserving something out of the thing granted that was not in existence before, while an exception is something existing before as a part of the thing granted, and which is excepted from the operation of the conveyance. Donnell v. Otts (Tex.Civ.App.) 230 S.W. 864 ; Stanton v. [T.L.] Herbert & Sons, 141 Tenn. 440 , 211 S.W. 353 ; 8 Ruling Case Law, § 146 par. 1088. To express it differently, a ‘reservation’ in a deed creates a new condition, arising from the taking back of something out of that which is granted, and an ‘exception’ is of some part of the estate not granted at all. The former relates to a new thing or condition created, which had not previously existed independent of the fee, while the latter in effect relates to and recognizes previously existing conditions qualifying or limiting the title of the grantor in the thing.” Elkins v. Townsend (D.C.1960) 182 F.Supp. 861 at 872 , citing United Gas Public Service Co. v. Roy, La.App.1933, 147 So. 705, 706 . The Elkins case presents a comprehensive discussion of the problem.”

   1 later decision quote this exact passage
   e.g. 13 Ariz. App. 485 - Wiltbank v. Lyman Water Company

2. ““% int to be reserved in minerals by Stells Stells to get present lease rentals, other words all J. B. Elkins ..................... gets % Stells % taxes prorated as of sale””

   1 later decision quote this exact passage
   e.g. Elkins v. Townsend