In re Bazemore’s Empirical Analysis

Citation profile

7 federal appellate · 12 district · 2 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The evidence on the question of notice is by the plaintiff, Hodges, who testified that he gave the plaintiff in execution personal notice of his purchase from James 6. Ooleman, ‘a week after, but inside of 2 weeks,’ from the date of his deed from Ooleman. The judgment was rendered three days subsequent to the execution of the deed, and ‘inside of 2 weeks’ is less than 20 days. Section 1810 of the Code declares that ‘conveyances of unconditional estates * * * are void as to purchasers for a valuable consideration, mortgagees and judgment creditors, having- no notice thereof, unless recorded within 30 days from their date.’ The judgment was rendered before notice, but within less time than 30 days. It is argued that the purpose of registration is to give notice, and actual notice is always at least the equivalent of constructive notice by registration. The conclusion deduced therefrom is that, as registration of the conveyance within 30 days from its date under the statute would render it superior to any rights of ■purchasers, mortgagees, and judgment creditors acquired at any time during the 30 days before registration, so personal notice given at any time during the 30 days allowed for registration would relate back and have the same effect as registration. We do not think the statute, in terms' or in spirit, admits of this construction. If John G. Winston & Co., on the 23d day of February, instead of obtaining a judgment, had purchased the land from James G. Coleman, and pa”

   1 later decision quote this exact passage · from the majority
   e.g. In re Dancy Hardware & Furniture Co.

2. ““Act June 25, 1910, c. 412, § 8, 36 Stat. 840 , amending Bankr. Act July 1, 1808, c. 541, § 47a(2), 30 Stat. 557 (U. S. Comp. St. 1901, p. 3438), provides that trustees in bankruptcy as to all property in the custody or coming into tlie custody of the bankruptcy court shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by a legal or equitable proceeding thereon. Jleld, that such amendment confers on the trustee an absolute right to attack the unrecorded lien of a conditional seller without reference to whether the trustee represents creditors who have in fact acquired liens by legal or equitable proceedings against the bankrupt. * * * Under the state law a conditional vendor, holding under an unrecorded conditional sale, has no priority over judgment debtors of the vendee without notice, and under Bankruptcy Act July ], 1898, c. 541, § 47a(2), . 30 Stat. 557 (U. S. Comp. St. 1901, p. 3438), as amended by Act June 25, 1910, c. 412, 36 Stat. 840 , conferring on the bankrupt’s trustee the rights of a lien creditor, the trustee acquires the same rights as judgment creditors without notice, such conditional seller has no priority, and the order of payment provided for by section 64 is not therefore interfered with by refusing to allow priority of payment to such conditional seller.””

   1 later decision quote this exact passage
   e.g. Federal Chemical Co. v. House

3. “failure to record a material part of a conditional sale contract prevented the record of the part from operating as constructive notice to creditors.”

   1 later decision quote this exact passage
   e.g. In re Ford-Rennie Leather Co.