Cobe v. Bartlett’s Empirical Analysis

Citation profile

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““As held in Ware v. Schintz, 190 Ill. 189 , at page 193: ‘ The relation of plaintiff and defendant to each other is that of mortgagor and mortgagee, and under the repeated rulings of this court a mortgagee, as against the mortgagor, is held, as in England, in law, to be the owner of the fee, having the jus in re as well as ad rem, and entitled to all the rights and remedies which the law gives to such owner, and may, after condition broken, maintain ejectment against the mortgagor. The mortgagor or his assignee, however, is the legal owner of the mortgaged estate as against all persons excepting the mortgagee or his assigns. Delahay v. Clement, 3 Scam. 201 ; Vansant v. Allmon, 23 Ill. 30 ; Carroll v. Ballance, 26 Ill. 9 ; Oldham v. Pfleger, 84 Ill. 102 ; Fountain v. Bookstaver, 141 Ill. 461 ; Esker v. Heffernan, 159 Ill. 38 . The fee title held by the mortgagee is in the nature of a base or determinable fee. The term of its existence is measured by that of the mortgage debt. When the latter is paid or becomes barred by the statute of limitations, the mortgagee’s title is extinguished by operation of law. Pollock v. Maison, 41 Ill. 516 ; Harris v. Mills, 28 Ill. 44 ; Gibson v. Rees, 50 Ill. 383 ; Barrett v. Hinckley, 124 Ill. 32 ; Lightcap v. Bradley, 186 Ill. 510 . Until it is extinguished the legal title is in the mortgagee for the purpose of obtaining satisfaction of his debt.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Sohm v. Royal Hotel Co.