Paschall v. Fels’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Clearly, the thing in controversy was the alleged easement claimed by the plaintiff; if plaintiff had abandoned the easement, then the land of the grantor unincumbered by it was in the grantor Elizabeth Connell and her conveyance to the defendant passed the land to him free from it; he, the defendant of record, represented her, and plaintiff’s testimony was directly hostile to the alleged claim of the mother established by the conveyance of the street to defendant; by Elizabeth Connell’s own act her right to the thing in action had passed to Fels; but according to plaintiff’s testimony the right of the mother to impair or deprive the daughter of the easement did not exist. The case, it seems to us, is within the express words of the act of 1887, which are the same as those of the act of 1869, under which Earns v. Tanner, 66 Pa. 297 , was decided, which was followed by Arthurs v. King, 84 Pa. 525 , Chase v. Irvin, 87 Pa. 286 , and many other cases. All invariably hold that a witness cannot make title in himself by his own testimony of what occurred in the lifetime of his grantor, that grantor being dead” (Italics supplied.)”

   1 later decision quote this exact passage
   e.g. Singer v. Singer