Hutton v. Hutton’s Empirical Analysis
1959
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently April 2008
22 state decisions
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 Hubler v. Bethel Lutheran Church · Wilson v. Wahl · Young v. McWilliams · Hush v. Reeder · Cranston v. Stewart
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... Where one who has executed a deed retains it in his own possession, with the intention that it shall become operative upon his death, no conveyance is effected. He dies in the full ownership of the property and the title passes to his heirs or devisces.... But where he deposits it with a third person, to be turned over upon his death to the grantee, this is a good delivery If he thereby surrenders all control over it, but not otherwise. .. . In such a case the title is deemed to vest at once in the grantee, only the enjoyment of the property being postponed, a condition which the grantor is competent to create and which arises whenever a purpose on his part to establish it is sufficiently manifested, whether by express instructions to the depositary or otherwise. "The important inquiry here, therefore, is whether J.R. Young gave the deed to Bowlus, the custodian, intending thereby to part with the title to the property. If he retained control of the deed the situation was substantially the same as though he had held it in his own possession ..." (pp. 245, 246.) (Emphasis added.)”
1 later decision quote this exact passage · from the majoritye.g. Reed v. Keatley““. . . [I]f the client chooses to make or receive his communication in the presence and hearing of third persons it ceases to be confidential and is not entitled to the protection afforded by the rule, and that the very nature of the transaction and the circumstances surrounding it are inconsistent with the notion that the communication was ever intended to be confidential.’’ (p. 565.)”
1 later decision quote this exact passage · from the majority
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.