Tate v. Murphy’s Empirical Analysis

Citation profile

19 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The incapacity to make a deed must ordinarily be established by a preponderance of the evidence or by clear, satisfactory and convincing evidence.” We also held in the above case: “The test of mental capacity of a grantor to execute a valid deed is that he have the ability to understand the nature and effect of the act in which he is engaged and the business he is transacting; that is, that a deed when executed and delivered divests him of title to the land described in the deed, and vests title thereto in the grantee named in the deed.””

   3 later decisions quote this exact passage
   e.g. Jones v. Novotny · Armstrong v. Anderson

2. ““An agreement to care for and support a grantor for the remainder of his life, in consideration of a conveyance of land, is an adequate consideration, in the absence of fraud and undue influence, and where not so grqssly inadequate as to shock the, conscience. Adequacy and sufficiency of consideration should be judged by circumstances and conditions existing at the time the contract is made, a,nd not by subsequent and unforeseen events, for which neither party to the contract is,;¡responsible.. . , , ,. “Substantial compliance with the terms of a contract for support and maintenance, entered into as a consideration for a conveyance, is all that is required of a grantee; and where subsequent events arise which render exact compliance impossible or inadvisable for the best interest of the grantor, the failure of the grantee to comply strictly does not constitute such a breach of contract or failure of consideration as will justify cancellation of the conveyance.””

   1 later decision quote this exact passage
   e.g. Ferrero v. Siel

3. ““The general rule upon this subject is announced in 26 C.J.S., Deeds, § 21, page 197, as follows: ‘In order to justify cancellation of a deed there must be an entire failure or refusal to perform the agreement, or at least a substantial failure to perform the contract, and such entire or substantial failure or refusal must be in respect of such material matters as would render the performance of the rest a thing different from what was contracted.’ ””

   1 later decision quote this exact passage
   e.g. Ferrero v. Siel