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← 21 SW2D 17 - E. Y. Chambers & Co. v. Little

E. Y. Chambers & Co. v. Little’s Empirical Analysis

1929

Citation profile

11
cited by 11 later decisions
1
states following
December 1978
most recently cited

1 federal appellate · 10 state decisions

How this case has been cited

Cited by 11 later decisions — most recently December 1978

1 federal appellate · 10 state decisions

50192919301940195019601970decided

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 Texas Land & Loan Co. v. Blalock · W. C. Belcher Land Mortgage Co. v. Taylor · Southern Cotton Oil Co. v. Napoleon Hill Cotton Co. · Clements v. Lacy · 12 Tex. Civ. App. 613 - Pioneer Savings & Loan Co. v. Paschall

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

  1. “A portion of the loan being secured by a valid lien against the property, a sale under the deed of trust, made in accordance with its terms, passed title to the property. As stated in W. C. Belcher Land Mortgage Co. v. Taylor, et al. (Tex.Com.App.) 212 S.W. 647 , 649 : `A sale made under a deed in trust for a sum larger than the amount with which the property is properly chargeable is not void, and a power of sale in such deed can be exercised if any part of the debt is due and owing. * * * The amount of the indebtedness secured by the vendor's lien was included in the note secured by the deed in trust, and, same being due and payable, and default made in its payment, a sale was authorized under the deed in trust. Mere excess, if any, in the amount of the note does not affect the validity of the sale.'”
    2 later decisions quote this exact passage
  2. “A court of equity, when it becomes necessary to do exact justice between parties in a given transaction, may place one of these parties, to whom a legal right does not belong, in the position of a party to whom the legal right does belong. This mode, adopted for the purpose of doing justice, is termed “subrogation.” . This doctrine is broad enough to include every instance in which one party pays a debt for which another is primarily answerable, and which in equity and good conscience should have been discharged by the latter, so long as the payment was made either under compulsion or for the protection of some interest of the party making the payment and in discharge of an existing liability. . . . The right of subrogation is not dependent upon contract, agreement, or stipulation, or upon privity or strict suretyship; but it is a mode which equity adopts to compel the ultimate payment of a debt, by one who, in justice, equity, good conscience, ought to pay it. .”
    1 later decision quote this exact passage
  3. “Subrogation is said to be the substitution of another person in the place of a creditor to whom such person succeeds. The principle has a very liberal application. Judge Story, in his work on Equity Jurisprudence, characterizes this principle as “a doctrine belonging to an age of enlightened policy and refined, although natural, justice.””
    1 later decision quote this exact passage

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.