Johnson v. Whelan’s Empirical Analysis

Citation profile

1 federal appellate · 55 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 57 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We may rule out of consideration at once the decisions in Reynolds v. Wall, supra, and Rocher v. Williams, supra [ 183 Okl. 221 , 80 P.2d 649 ], as well as the earlier case between these parties because they involve agreements between the parties over boundaries that are in dispute or are uncertain. All of the authorities treat this issue as being entirely different to the one before us. It is true that in Reynolds v. Wall, supra, and Ro-cher v. Williams, supra, the court mentions the old rule with respect to locating a boundary by encroachment by mistake, but that issue was not before the court. The party upon whose property the encroachment occurred had entered into an agreement respecting the line and the actual location of the building. “The case of White v. Saling, supra, involved an issue similar to ours: An adjoining owner located a boundary by erecting his fence and garage on the property of another, thereby enclosing and using property not actually his. The syllabus lays down the rule positively that such an intrusion can never ripen into title by prescription, and uses as its authority the decision in Reynolds v. Wall, supra, and yet concludes by recognizing that such occupancy or use for the statutory time gives prescriptive right. The decision is confusing and is contrary to the prevailing modern rule and should be, and is overruled.””

   1 later decision quote this exact passage
   e.g. Buckner v. Russell

2. ““Furthermore, the boundaries defined in the instrument do not constitute an absolute limit on claimant’s possession; that possession which depends on color of title can go no further, it is true, but additionally there may be a possession beyond such boundaries by virtue of actual adverse entry and occupancy under claim of right, with the other elements generally requisite to actual possession, coexisting with that which flows from the colorable title, in which situation the bounds of claimant’s possession are the limits of the tract to which he is entitled under his colorable claim of title plus the additional tract held in actual occupancy. * * * ” 2 C.J.S. Adverse Possession § 185, p. 782.”

   1 later decision quote this exact passage
   e.g. Carson v. Keith

3. ““ * * * the intention of the possessor to claim adversely, is an essential ingredient. But the person who enters on land believing and claiming it to be his own, does thus enter and possess. The very nature of the act is an assertion of his own title, and the denial of the title of all others.””

   1 later decision quote this exact passage
   e.g. Wilson v. Moore