Howe v. Tucker’s Empirical Analysis
1933
Citation profile
39 state decisions
How this case has been cited
Cited by 39 later decisions — most recently April 1981 · most notably 19 Cal. 2d 605 - Neet v. Holmes (1942), Goossen v. Clifton (1946)
39 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 Bank of Italy National Trust & Savings Ass'n v. Bentley · Smith v. Smith · Sheeley v. Jones · Meyer v. Weber · Warner v. Warner
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Appellants properly state the sole legal question involved as follows: ‘Is an action for the cancellation, upon the grounds of fraud and undue influence of, or for the determination of a trust in, a note and a deed of trust securing the note, in which deed of trust the trustee therein named is a person other than the payee of the note, a transitory action so that venue of the trial thereof should be transferred to the county of the defendants’ residence, a proper motion and demand having been made therefor?’ “The court below answered the question in the negative and made its order accordingly. We are led to answer it in the affirmative. “The promissory note may exist alone, without the aid of the deed of trust; cancellation or reformation of the latter would not affect the integrity of the note secured by it. The complaint here essays to have canceled not alone the deed of trust, but the promissory note as well. Under the prayer of the complaint this two-fold relief is permissible. But upon reason as well as authority, an action to cancel or reform a promissory note secured by a deed of trust is a transitory action and must follow the person of the defendant (§ 395, Code Civ. Proc.; Jacobs v. C. H. Smith Lbr. Co., 206 Cal. 128 [ 273 P. 571 ]). “It may be conceded also that a complaint having for its sole and exclusive object the cancellation of a deed or a deed of trust for fraud is a local action. (Eckstrand v. Wilshusen, 217 Cal. 380 [ 18 P.2d 931 ]; State v. Royal Consol.”
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.