Shields v. Hightower’s Empirical Analysis
1926
Citation profile
33 state decisions
How this case has been cited
Cited by 35 later decisions — most recently August 2011 · most notably Kelly v. Carmichael (1928), Shaddix v. National Surety Co. (1930)
33 state decisions
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 Knighton v. Curry · Faulk v. Calloway · Fidelity Deposit Co. of Maryland v. Richeson · Fouche v. Swain · Stone v. Davenport Bros.
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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'[W]hen a purchaser pays off a prior incumbrance as a part of the purchase price without actual notice of a junior lien, . . . equity will treat him as the assignee of the original incumbrance, and will revive and enforce it for his benefit.' " Id. at 610-11 , 108 So. at 528 (quoting 25 R.C.L. 1353). (Emphasis added.) " 'Having caused the same to be satisfied under circumstances authorizing an inference of mistake of fact, equity will presume such mistake in order to give the party the benefit of the equitable right of subrogation, and, in so doing, prevent manifest injustice and hardship, without interfering with intervening equities.”
1 later decision quote this exact passage“'[W]hen a purchaser pays off a prior incumbrance as a part of the purchase price without actual notice of a junior lien, . . . equity will treat him as the assignee of the original incumbrance, and will revive and enforce it for his benefit.'”
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.