Pearce v. Buell’s Empirical Analysis
1892
Citation profile
5 federal appellate · 2 district · 26 state decisions
How this case has been cited
Cited by 35 later decisions — most recently June 2015 · most notably Shaffer v. McCloskey (1894), Title Guarantee Co. v. Wrenn (1899)
5 federal appellate · 2 district · 26 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 Geib v. Reynolds · Cobb v. Dyer · Barnes v. Camack · Cansler v. Sallis · Hyde v. Tanner
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.
““In such a case a court of equity will look through the form to the substance, and keep alive the original securhy, if it can be done without injury to third parties. No rule of law is better settled than if a holder of a mortgage take a new mortgage as a substitute for a former one, and cancel and release the latter, in ignorance of the existence of an intervening lien upon the mortgaged premises, although such lien be of record, equity will, in the absence of the intervening rights of third parties, restore the lien of the first mortgage, and give it its original priority. Jones, Mortg. § 972; Geib v. Reynolds, 35 Minn, 331 , 28 N. W. 923 ; Bruse v. Nelson, 35 Iowa, 157 ; Downer v. Miller. 15 Wis. 677 ; Vannice v. Bergen, 16 Iowa, 555 , 85 Am. Dec. 531 ; Robinson v. Sampson, 23 Mc. 388; Corey v. Alderman, 46 Mich. 540 , 9 N. W. 844 ; Cansler v. Sallis, 54 Miss. 446 . The fact that the mortgage was released in ignorance of the existence of the intervening lien is, in equity, deemed such a mistake of fact as to entitle a party to relief, although such lien may have been of record. Bruse v. Nelson, supra; Cobb v. Dyer, 69 Me. 494 ; Geib v. Reynolds, supra.””
2 later decisions quote this exact passage““The fact that the mortgage was released in ignorance of the existence of the intervening lien, is in equity deemed such a mistake of fact as to entitle the party to relief, although such lien may have been of record.””
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.