Miller v. Dyer’s Empirical Analysis
1942
Citation profile
3 federal appellate · 63 state decisions
How this case has been cited
Cited by 70 later decisions — most recently December 2017 · most notably Ellis v. Mihelis (1963), 32 Cal. 2d 584 - King v. Stanley (1948)
3 federal appellate · 63 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 Smith v. Bangham · Easton v. Montgomery · Jackson v. Torrence · Healy v. Visalia & Tulare R.R. · Abbott v. the 76 Land and Water Co.
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In support of their general demurrers respondents contend that the complaint fails to state a cause of action against Mabelle Dyer since it shows that she has no title to the land she contracted to convey and that she cannot perform her agreement to borrow $2,000 on the property and pay that sum to the plaintiffs. If the vendor has no title or interest in the land that he contracts to convey he will not be required specifically to perform. The decree would be of no avail for equity will not compel him to obtain title. If, however, the vendor is the equitable owner and has the right to call for the legal title, specific performance will be decreed at the suit of his vendee. When Hector and Elizabeth Dyer agreed to convey their real property to Mabelle Dyer, and deposited the deed to such property in escrow, “with the intention of passing title,” Mabelle Dyer became the equitable owner of the land and Hector and Elizabeth Dyer held the legal title in trust for her as purchaser. Mabelle Dyer could convey that equitable interest or title, and she can be compelled to do so in this action for specific performance.”
1 later decision quote this exact passagee.g. Hemlani v. Guerrero
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.