Stewart v. Silva’s Empirical Analysis

Citation profile

69 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 69 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Even if we assume that the trial court believed and intended to find as a fact that the attorney, his clerk and stenographer, and the defendant deliberately testified falsely as to the delivery of the deed, we still have the presumption of delivery arising from the fact that the grantee in the deed actually had the possession of the deed and produced it in court. This alone constituted prima facie evidence of delivery. (Ward v. Dougherty, 75 Cal. 240, 242 [ 7 Am. St. Rep. 151 , 17 Pac. 193 ].) It was there said: ‘Possession of a deed of property, however, by the grantee therein named, and upon the same principle by one holding by conveyance of the same property under him is prima facie evidence of its delivery. “ ‘The question of delivery being one of fact, and possession being only primary evidence of delivery, he who disputes such fact may rebut the presumption arising from possession by showing that there has in fact been no delivery; but it has been said that where a deed is found in possession of the grantee, nothing but the most satisfactory evidence of nondelivery should prevail against the presumption. (Devlin on Deeds, sec. 294.) ’ ””

   1 later decision quote this exact passage
   e.g. London v. McConkey

2. “... the inferences arising therefrom of nondelivery would not be sufficient under the circumstances to overcome the prima facie case arising from the possession of the deed by the grantee. ... If the trial court disbelieved all the witnesses who testified on behalf of the defendant with reference to the delivery of the deed, there is no evidence to overcome the presumption of delivery derived from the fact that the grantee had possession of the deed. If the trial court believed the testimony of these witnesses, it could not escape a finding of fact that the deed was delivered.”

   1 later decision quote this exact passage
   e.g. Estate of Galvin

3. ““When a deed, duly executed, is found in the hands of a grantee, there is a strong implication that it has been delivered, and only clear and convincing evidence can overcome the presumption. Otherwise, titles could -be easily defeated, and no one. could be regarded as being secure in the ownership of land.””

   1 later decision quote this exact passage
   e.g. Wolf v. Wolf