Sutton v. McClain’s Empirical Analysis
1936
Citation profile
8 state decisions
How this case has been cited
Cited by 8 later decisions — most recently December 1991
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Deming Investment Co. v. Bank of Judsonia · Roy v. Abraham · Coolidge v. Burke · Lenow v. Fones · Cain v. Mitchell
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The trial court had no jurisdiction to make the order of partition. It is only where lands are held in joint tenancy, in common, or in coparcenary that partition may be had and not then where it appears the partition will result in prejudice to the owner. In that state of case, the proper method is to order a sale of the property with division of the proceeds to those entitled thereto. Section 8091, Crawford & Moses’ Digest. This is but a restatement of the common-law rule. 47 C. J. 295, § 73 [68 C. J. S. § 56 a., p. 81]; London v. Overby, 40 Ark. 155 . The judgment in favor of the several creditors did not create any interest in the lands in their favor so that it may be said they held in joint tenancy, in common, or in coparcenary, but created a lien only against the lands for the payment of their several judgments. Therefore, théy had no interest which would entitle them to partition. Roy v. Abraham, 207 Ala. 400 , 92 So. 792 , 25 A. L. R. 101; Fullerton v. Stortz Bros., 190 Ark. 198 , 77 S. W. 2d 966 . ””
1 later decision quote this exact passagee.g. Calmese v. Weinstein
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.