Haynes v. Meeks’s Empirical Analysis

Citation profile

36 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * But this is not all; it must also appear by the petition ‘that it is necessary to sell the whole, or some portion of the real estate,’ for the payment of the debts and charges. (§ 155.) Such necessity does not follow as a matter of course from the insufficiency of the personal property. The real estate may be yielding an income sufficient to pay the outstanding debts and charges for the payment of which the sale is asked, before such sale could be made and confirmed, or if resisted, could be the subject of review on appeal. In such case, there would be no necessity for any sale. And the income, though not sufficient for the payment of the entire amount of these debts and charges, may be sufficient to pay the greater portion of them. In this case, the necessity for the sale would be limited to such portions — supposing there were more than one parcel — as would make up the deficiency. The necessity must appear, before the court can take any jurisdiction and act upon the petition. And this necessity must appear, not by mere averment, but by an exhibition of the real property of the deceased. The necessity is a conclusion which the court must draw for itself from the facts stated. It is not a matter for the executor or administrator to determine ; it is a matter for the court, and the petition must, therefore, furnish the materials for its judgment. These consist in the description which the statute provides the petition shall set forth, ‘of all the real estate of which ”

   1 later decision quote this exact passage · from the majority
   e.g. Mumper v. Matthes

2. ““We must, then, examine the petition to ascertain whether a case is presented by its averments, within the statute, upon which the court can act. And the petition must show upon its face two things: First, the insufficiency of the personal property to pay the debts and charges against the estate; and, second, the necessity of the sale of the real property, or some portion thereof. Both must appear before the court can take jurisdiction of the proceeding. The truth of the averments — their sufficiency appearing — is. matter which must be determined at the hearing of the petition, and the judgment of the court thereon, if rendered upon legal notice, cannot be questioned collaterally. It may be reviewed, and, if erroneous, corrected on appeal, but not otherwise.” 20 Cal. 313 .”

   1 later decision quote this exact passage · from the majority
   e.g. Holmes v. Oregon & California R.