Bradley v. Parkhurst’s Empirical Analysis

Citation profile

16 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It will be borne in mind that the right of a mortgagee to have other lien holders made parties is not the right of two lien holders to unite and foreclose their separate liens in one action. It is the right of the single lien holder to bring in, as parties defendant, other lien holders, and litigate, as against them, the validity and extent of their alleged liens. He unites with his cause of action on his mortgage, and for establishing his own lien, a cause of action against the other lien holders to contest their claims. The nature of the issues, and the extent of the controversy, may be no more difficult or greater in litigating adverse titles, than in contesting other liens.” (p. 468.) “It seems to us that a foreclosure suit is, as to one branch, in the nature of a proceeding in rem; that the aim and scope of such a proceeding is to seize the rem and convey it, discharged of all claims and liens; that the objections formerly existing to the adjudication of adverse titles, on account of the jurisdiction of the court, and the form of action, have been done away with; that the litigation of an adverse title is as truly and closely connected with the right to subject the real estate to the payment of the plaintiff’s mortgage as the determination of the validity and extent of other liens, and that the joinder of the two is therefore authorized by the statute.” (p.470.)”

   1 later decision quote this exact passage · from the majority
   e.g. Stacey v. Tucker

2. ““An action on a note and mortgage involves two things —first, an inquiry as to the amount due on the note; and in that, it is personal; and second, a proceeding to charge the real estate mortgaged with the payment of the amount found due; and in that respect it is in the nature of a proceeding in remP”

   1 later decision quote this exact passage · from the majority
   e.g. Oates v. Shuey

3. “". . . the practice has been quite common in this state to bring in as parties defendant, in a foreclosure suit, all who claim any interest in the mortgaged premises, whether subordinate, or adverse, to the mortgagor’s title.” (p. 466.)”

   1 later decision quote this exact passage · from the majority
   e.g. Penn Mutual Life Insurance v. Tittel