McCormick v. McCormick’s Empirical Analysis
1930
Citation profile
40 state decisions
How this case has been cited
Cited by 40 later decisions — most recently June 2009 · most notably Ritter v. Moseley (1933), 476 So. 2d 97 - Broughton v. Merchants Nat. Bank of Mobile (1985)
40 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 Irwin v. Alabama Fuel & Iron Co. · Davidson v. Brown · Bynum v. Gold · Jenkins v. Raulston · McNeil v. Ritter Dental Mfg. 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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Ejectment is the well-known and favored action for the trial of title to land. “The plea of ‘not guilty’ puts the title in issue and, broadly speaking, any fact tending to defeat plaintiff’s title or sustain that of defendant is within the issue. Code, § 7456; Bynum v. Gold, 106 Ala. 427 , 17 So. 667 ; Torrey v. Forbes, 94 Ala. 135 , 10 So. 320 . “True, of course, merely equitable titles and defenses are not cognizable in a court of law, and are not litigated in an action of ejectment. “Appellant relies upon this principle to avoid the effect of the judgment in ejectment. “Does it apply here? “Certainly the title of respondent’s grantor, her title in fee under the homestead law, was within the issue in the ejectment suit. So, also, the issue of mental incapacity to execute such deed, a matter going to the existence of a deed in fact. “This leaves the question of undue influence as invalidating the deed. Undue influence as between persons standing in confidential relations is involved. We need not consider whether, in the first instance, a bill to cancel the deed upon this ground would lie while the grantee was still in possession thereunder. “The inquiry is: Was this question within the issues and litigable in the action of ejectment? “We must answer in the affirmative.””
2 later decisions quote this exact passage“A judgment of a court of competent jurisdiction rendered on the merits is conclusive between the parties as to all matters within the issues, matters which the issues were broad enough to cover, and which were presented or might have been presented on the trial. . . .”
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.