Robert Wright v. Ellen Teresa Morgan’s Empirical Analysis

Citation profile

7 federal appellate · 8 district · 14 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the legal title was in the city, it was an absolute title. In view of the extreme unwillingness of courts to admit the existence of a common-law condition, even when the word ‘condition’ is used, it needs no argument to show that there was no condition or limitation here. Stuart v. [City of] Easton, 170 U.S. 383 , 18 S.Ct. 650 , 42 L.Ed. 1078 . Little more needs to be said to show that the act of Congress did not make the land inalienable at common law. We need not consider whether the act could have that effect upon land within a state, when the conveyance was absolute and was made to a citizen or instrumentality of the state; we express no opinion upon the point. It is enough that it did not purport so to restrict the ordinary incidents of title. We should require the clearest expression of such an unusual restriction before we should admit that it was imposed, — especially in an ordinary sale for cash. Here, the act probably meant no more than to explain the motive for a sale at a minimum price. Mahoning County [Com’rs] v. Young, 6 Cir., 59 F. 96 , 8 C.C.A. 27 . The ratified patent said nothing of any restriction, or even any trust, beyond the one executed in the city.””

   3 later decisions quote this exact passage · from the majority
   e.g. Sharp v. City of Guthrie · Stevens v. Mayor and Council of City of Vinita

2. ““(1) The act of Congress of May 21, 1872, to enable the city of Denver to purchase certain land in Colorado for cemetery purposes, and authorizing the mayor of the city of Denver to enter the designated 160 acres at the land office at the minimum price, to be held and used as a burial place by said city and vicinity, did not operate to annex any condition to the grant so authorized. Conditions subsequent are not' favored, and the terms used must clearly show 'that it was intended that the grant should be on condition, or they will not be construed to have that effect. In this case, although the use to which it was expected the land would be put is mentioned, it is rather as an explanation of the reason for permitting such an unusual entry of the land by a municipal corporation than for any other purpose. There are no words restricting the use to that mentioned, nor providing for forfeiture in case the land is put to other use. (2) The patent by which the title to this land was conveyed conveys the land absolutely, in fee, and without any mention of any use whatever.””

   2 later decisions quote this exact passage · from the majority
   e.g. Sharp v. City of Guthrie · Choctaw & the Chickasaw Nations v. Board of County Commissioners