Buchmann v. Callahan’s Empirical Analysis
1930
Citation profile
37 state decisions
How this case has been cited
Cited by 39 later decisions — most recently November 2014 · most notably Dewberry v. Bank of Standing Rock (1933), Connecticut General Life Ins. Co. v. Smith (1932)
37 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 Welsh v. Phillips · Comer v. Sheehan · Hughes & Tidwell Supply Co. v. Carr · Booker v. Jones · Farris & McCurdy v. Houston
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.
““There are expressions in some of our cases, notably American Freehold Land Mortgage Co. v. Turner, supra [ 95 Ala. 272 , 11 So. 211 ], to the effect that the mortgagor is a mere tenant at sufferance of the mortgagee, while other cases (illustrated by Hughes & Tidwell Supply Co. v. Carr, supra [ 203 Ala. 469 , 83 So. 472 ], and Lamar v. Johnson, supra [ 16 Ala.App. 618 , 81 So. 140 ]), designate him as a tenant at will. But these expressions are to be viewed in the light of the facts and circumstances in each case, and in view of the line of demarkation between a tenant at will and by sufferance. If the mortgagor is permitted to remain in possession he is 'a tenant at will, but if his possession is without the mortgagee’s assent or dissent, then he is a tenant at sufferance merely. 35 Corpus Juris, 1135. As said in Welsh v. Phillips, supra [ 54 Ala. 309 , 25 Am.Rep. 679 ], ‘If the mortgagor is permitted to remain in possession, he is the mere tenant at will of the mortgagee,’ but otherwise and without such permission it follows he would be a tenant at sufferance only. American Freehold Land Mortgage Co. v. Turner, supra.””
1 later decision quote this exact passagee.g. Miller v. Faust
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.