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← 210 La. 34 - Labarre v. Rateau

Labarre v. Rateau’s Empirical Analysis

1946

Citation profile

78
cited by 78 later decisions
1
states following
June 1999
most recently cited

75 state decisions

How this case has been cited

Cited by 78 later decisions — most recently June 1999 · most notably Hill v. Richey (1952), Succession of Seals (1963)

75 state decisions

300194619501960197019801990decided

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 Leader Realty Co. v. Taylor · Harang v. Golden Ranch Land & Drainage Co. · Buckley v. Catlett · Generes v. Bowie Lumber Co. · 16 Ala. App. 548 - Hall v. Ingram Land Co.

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

  1. “"The doctrine of laches, equitable in character and fully discussed in 30 C.J.S. verbo Equity, § 112 et seq., `is based on the injustice that might result from the enforcement of long neglected rights, the difficulty, if not the impossibility, of ascertaining the truth of the matters in controversy and doing justice between the parties, and on grounds of public policy, its aim being the discouragement, for the peace and repose of society, of stale and antiquated demands.' 30 C.J.S. Equity, § 113. What constitutes laches is to be determined in the light of the circumstances of the particular case. The doctrine's application is controlled by equitable considerations; it cannot be invoked to defeat justice; it will be applied only where the enforcement of the right asserted would work injustice. 30 C.J.S., Equity, § 115. While delay in enforcing a right is an element of laches, such delay does not of itself constitute laches. The defeating of a claim by lapse of time alone comes within the province of prescription or limitations. 30 C.J.S., Equity §§ 112 and 116a." (Emphasis ours.)”
    6 later decisions quote this exact passage
  2. ““How favorable soever prescription may be, it shall be restricted within just limits. Thus, in the prescription of thirty years, which is acquired without title, it extends only to that which has been actually possessed by the person pleading it.””
    3 later decisions quote this exact passage
  3. “The possession on which this prescription is founded must be continuous and uninterrupted during all the time; it must be public and unequivocal, and under the title of owner.”
    3 later decisions 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.