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← 2016 SD 69 - Underhill v. Mattson

Underhill v. Mattson’s Empirical Analysis

2016

Citation profile

16
cited by 16 later decisions
1
states following
September 2024
most recently cited

16 state decisions

Relationships

Relies on Chem-Age Industries, Inc. v. Glover · City of Deadwood v. Summit, Inc. · First American Bank & Trust, N.A. v. Farmers State Bank of Canton · Lewis v. Moorhead · Titus v. Chapman

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

  1. “an evidentiary presumption as to the element of hostility [of adverse possession] and applies even though the occupancy occurred due to ignorance, inadvertence, or mistake, and without an intention to claim the lands of another.”
    1 later decision quote this exact passage
  2. “Proof of the individual elements of adverse possession present questions of fact for the circuit court, while the ultimate conclusion of whether they are sufficient to constitute adverse possession is a question of law.”
    1 later decision quote this exact passage
  3. “Adverse possession occurs when there is (1) an occupation that is (2) open and notorious, (3) continuous for the statutory period, and (4) under a claim of title exclusive of any other right.”
    1 later decision quote this exact passage

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.