Jaubert Bros. v. Walker’s Empirical Analysis
1948
Citation profile
8 state decisions
How this case has been cited
Cited by 10 later decisions — most recently August 1986
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Pruett v. First Nat. Bank of Anniston · Federal Land Bank v. Mississippi Power & Light Co. · Yates v. Mead
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“‘ ‘ The casual reaction of the legal mind is that the only manner by which a junior lienholder may be put out of the way by a senior encumbrance is to formally foreclose by a public sale either by a trustee or by a commissioner, in which case the trustee’s or the commissioner’s deed will relate back to the date of the senior encumbrance, so far as junior encumbrancers are concerned. “In this jurisdiction, however, it has long been a common business custom to consummate a foreclosure by agreement between the mortgagor and the mortgagee accompanied by a conveyance by the mortgagor to the mortgagee of the mortgaged property when the property is actually and distinctly worth less than the debt. This works to the advantage of both the mortgagor and the mortgagee, because it saves the costs of a formal foreclosure, and is of no actual disadvantage to the junior encumbrancers because when the mortgaged property is worth distinctly less than the mortgage debt there is no thing left over to which the equity of redemption could attach as being of any value.””
1 later decision quote this exact passage · from the majoritye.g. Moses v. Ehrlich
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.