Adrian v. McKinnie’s Empirical Analysis

Citation profile

17 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. “Lastly, Adrian contends that the trial courts finding that the McKinnies acted with unclean hands disentitles them to equitable relief. When claimants seek equitable relief in an instance where they would ordinarily be permitted such relief, they will nonetheless be denied the relief if they acted improperly or unethically in relation to the relief they seek. Dobbs, Law of Remedies, § 2.4 (1973). Unrelated misconduct will not bar relief: ‘What is material is not that the plaintiffs hands are dirty, but that he dirties them in acquiring the right he now asserts.” Republic Molding Corp. v. B.W. Photo Utilities, 319 F.2d 347, 349 (9thCir.1963). No matter how wrong the McKinnies may have been in taking excess timber off the land, those acts have nothing to do with how the agreement here was formed. The trial court’s unclean-hands finding will not bar equitable relief.”

   1 later decision quote this exact passage
   e.g. Adrian v. McKinnie

2. “[w]here there is a deed, and contract to re-convey, and oral evidence has been introduced tending to show that the transaction was one of security, and leaving upon the mind a well-founded doubt as to the nature of the transaction, then courts of equity incline to construe the transaction as a mortgage.”

   1 later decision quote this exact passage
   e.g. Myers v. Eich

3. “[t]o say that a decision is discretionary is not to mean that it is unguided.” Adrian v. McKinnie, 2002 SD 10, ¶ 10 , 639 N.W.2d 529, 533 .”

   1 later decision quote this exact passage
   e.g. Lien v. Lien