In re Hasie’s Empirical Analysis
206 F. 789 · 1913
Citation profile
2 federal appellate · 6 district ·
How this case has been cited
Cited by 15 later decisions (4 by the Supreme Court) — most recently September 1947
2 federal appellate · 6 district ·
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 Wiswall v. Sampson · Teal v. Walker · Spindle v. Shreve · Ellis v. Vernon Ice, Light, & Water Co. · In re Rochford
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The trustee in bankruptcy has the election to refuse to take possession of mortgaged property, if its value, over and above the incumbrance, is not sufficient to justify an attempt to administer it. It is true that the bankruptcy act provides that liens such as the lienholders had under the trust deeds in this ease shall not be affected by bankruptcy, but that is far from saying that such lienholders may, after the commencement of proceedings in bankruptcy against the debtor, proceed to enforce their liens or contracts in the manner prescribed in the instruments which create them; and this is true whether such lien is an ordinary mortgage or a deed of trust with provision for a strict foreclosure by a notice and sale. The provision of the Bankruptcy Act that such a lien shall not be affected by the bankruptcy proceedings has reference only to the validity of the lienholder’s contract. It does not have reference to his remedy to enforce his right. The remedy may be altered without impairing the obligation of his contract, so long as an equally efficient and adequate remedy is substituted. Every one who takes a mortgage, or deed of trust intended as a mortgage, takes it subject to the contingency that proceedings in bankruptcy against his mortgagor may deprive him of the specific remedy which is provided for in his contract.””
1 later decision quote this exact passage · from the majoritye.g. Allebach v. Thomas““That a sale [under the power of sale contained in a trust, deed],after the bankruptcy of the grantor and while the property is in the possession of his trustee as a part of the estate, without the consent of the bankruptcy court, Is void, and does not divest the title of the trustee in bankruptcy.””
1 later decision quote this exact passagee.g. Cohen v. Nixon
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.