Sims v. McFadden’s Empirical Analysis

Citation profile

2 district · 16 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This decree would ordinarily be a proper marshaling of the assets, since the general rule is to require a secured creditor to proceed first against that part of his security that the common creditors cannot reach. But when a homestead is involved there is a well recognized exception to this rule. One whose homestead is mortgaged along with other property is entitled to demand that that mortgagee proceed first against the other property. Bank of Hoxie v. Graham, 184 Ark. 1065 , 44 S.W.2d 1099 . In this situation a common creditor cannot invoke the ordinary rule that requires the secured creditor to look first to that part of his security that the other creditors cannot reach. Bank of Luverne v. Turk, 222 Ala. 549 , 133 So. 52 ; Mounce v. Wightman, 29 Ariz. 567 , 243 P. 415 . The law is so solicitous of the homestead right that the secured creditor will be required to exhaust his non-exempt security first, even though this procedure entails a loss to the common creditors. Nolan v. Nolan, 155 Cal. 476 , 101 P. 520 ; Kerens Nat. Bank v. Stockton, 120 Tex. 546 , 40 S.W.2d 7 .”

   1 later decision quote this exact passage
   e.g. Lee v. Mercantile First National Bank of Doniphan