Calhoun v. Ozburn’s Empirical Analysis
1938
Citation profile
26 state decisions
How this case has been cited
Cited by 27 later decisions — most recently October 2013 · most notably Federal Savings & Loan Insurance v. Urschel (1945), Renner v. Johnson (1965)
26 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 McDonald v. Dabney · Muscogee Manufacturing Co. v. Eagle & Phenix Mills · Stovall v. Coggins Granite Co. · Gaines v. Lunsford · Pace v. Pace
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“At common law, where a grantor conveyed land without providing means of egress and ingress, and the situation of the land was such as made it otherwise inaccessible, there was an implication that he had unintentionally omitted to convey a means of access. This necessary implication entitled the land-locked grantee to a way out to whatever public or private road furnished access to the premises, in the laying out of which way due regard would be taken to the interest and convenience of the grantor. This rule is based upon the principle that when one grants a thing, he is deemed also to grant that within his ownership without which the grant itself will be of no effect. The rule as applied to private ways remains applicable in this State, and is embodied in [OCGA § 44-9-1], which provides, as one of the four methods of acquiring a “right of private way over another’s land,” that it “may arise ... by implication of law when [the] right is necessary to the enjoyment of lands granted by the same owner.” [Cits.] Such a way, necessary for the use and enjoyment of granted land enclosed by other land of the grantor, is an implied easement, which runs with the granted land, and passes not only to the immediate but subsequent grantees. [Cits.]”
1 later decision quote this exact passage““While it is the general rule that a bona fide purchaser of land without actual or constructive notice of the existence of an easement takes the title free of such a burden, and one buying land may ordinarily assume that there is no easement except such as may be shown of record or by open and visible indication on the land itself, yet a purchaser will be charged with notice of an easement where an inspection of the premises would have readily revealed such physical facts as would have' put him upon inquiry in the exercise of ordinary diligence.””
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.