Troxel v. Bishop’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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Both are implied by operation of law to prevent unjust enrichment. However, a resulting trust — more accurately denominated a purchase money resulting trust — is an equitable remedy primarily involving consideration. A resulting trust arises by operation of law when title is conveyed to one person but the purchase price or a portion thereof is paid by another. The parties are presumed to have intended that the grantee hold title to the use of him who paid the purchase price and whom equity deems to be the true owner. The trustee of a resulting trust is generally responsible only for conveying the property to the beneficiary or in accordance with his directions.”

   2 later decisions quote this exact passage
   e.g. Leta York v. Todd Boatman · Yaquinto v. Ward (In re Ward)

2. “A conveyance of an estate of inheritance, a freehold, or an estate for more than one year, in land and tenements, must be in writing and must be subscribed and delivered by the conveyor or by the conveyor's agent authorized in writing.”

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

3. “Although they are often confused, resulting trusts and constructive trusts rely on two different theoretical bases.”

   1 later decision quote this exact passage
   e.g. Leta York v. Todd Boatman