Kidd v. Browne’s Empirical Analysis

Citation profile

2 federal appellate · 74 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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * If the possession was adverse against John W. Kidd (the testator) at his death, it did not cease to be so, against the devisees of either the life estate or the remainder attempted to be created by the will. Once the statute of limitations begins to run, it continues to run, although subsequent disabilities may arise. If the statute begins to run against one in his life tenure [the owner of the fee], his death does not suspend the running, though his heirs be infants or lunatics, who cannot sue; nor can he suspend the statute by devising the lands or property to infants, or by creating life estates and remainders as to such property. The heirs or devisees are in no better position than the ancestor or testator would have been in had he lived; if he would be barred, then the heirs or devisees will be barred, no matter what their age or condition may be, or what estate they acquired. [Citations omitted.]” ‡ íjí 3}i “This court has adhered, with uniform tenacity, to the doctrine of prescription, and has repeatedly held that the lapse of 20 years, without recognition of right, or admission of liability, operates an absolute rule of repose. [Citations omitted.]- “The doctrine is broader and more comprehensive than a mere statute of limitations, although based on analogous principles of repose to society. [Citations omitted.] ' ‡ ‡ ‡ ‡ ‡ “This doctrine does not apply of course, to estates in reversion or remainder, in which the adverse holding has its inception and its cont”

   1 later decision quote this exact passage
   e.g. Kubiszyn v. Bradley