Stark v. Stanhope’s Empirical Analysis

Citation profile

20 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In the language of the statute `belief of ownership' has been substituted for the common law element of `hostile' holding. It may be assumed the change will make it more difficult to challenge the character of the holding, belief being a state of mind whereas hostile holding involves an intent, normally evidenced by overt acts or statements in respect to such holding. While it may be argued that legislation should not be designed to make acquisition, by a possible criminal act, of ownership of property easier to obtain, it must be admitted that the two-fold policy behind statutes of limitation (the curtailment of stale claims, and the rewarding of the individual who has made beneficial and productive use of the land over a long period of time) will be accomplished more often under the new concept of `belief of ownership' established by the statute." (p. 7.)”

   3 later decisions quote this exact passage · from the majority
   e.g. Armstrong v. Cities Service Gas Co. · Morehead v. Parks

2. “" Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years. This section shall not apply to any action commenced within one (1) year after the effective date of this act."”

   3 later decisions quote this exact passage · from the majority
   e.g. Armstrong v. Cities Service Gas Co. · 1 Kan. App. 2d 659 - Renensland v. Ellenberger