Hickman v. Sutherland’s Empirical Analysis
1946
Citation profile
8 state decisions
How this case has been cited
Cited by 17 later decisions — most recently December 2002
8 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 Rooney v. Koenig · Stewart v. Rhoades · Gordon v. Emerson-Brantingham Implement Co. · Bowers v. Norton · State v. French
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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Abandonment of a homestead results when the owner removes therefrom and ceases to occupy the same, with the intention of never returning, or with no intention of returning thereto to reside.' " 1 In re Hickman, 222 Minn. 161, 23 N.W.2d 593, 597 (1946) (quoting Bowers v. Norton, 173 Minn. 576, 218 N.W. 108, 109 (1928)). Accord Gordon v. Emerson-Brantingham Implement Co., 168 Minn. 336, 210 N.W. 87, 88 (1926); Clark v. Dewey, 71 Minn. 108, 73 N.W. 639, 640 (1898); Williams v. Moody, 35 Minn. 280, 28 N.W. 510, 511 (1886). This definition of abandonment requires a court to address whether the owner truly "ceased to occupy”
2 later decisions quote this exact passage“If the owner shall cease to occupy such homestead for more than six consecutive months the owner shall be deemed to have abandoned the same unless, within such period, the owner shall file with the county recorder of the county in which it is situated a notice, executed, witnessed, and acknowledged as in the case of a deed, describing the premises and claiming the same as the owner's homestead. In no case shall the exemption continue more than five years after such filing, unless during some part of the term the premises shall have been occupied as the actual dwelling place of the debtor or the debtor’s family.”
1 later decision quote this exact passagee.g. In re Mueller“[t]he house owned and occupied by a debt- or as the debtor’s dwelling place, together with the land upon which it is situated to the amount hereinafter limited and defined, shall constitute the homestead of such debtor and the debtor’s family, and be exempt from seizure or sale under legal process on account of any debt not lawfully charged thereon in writing except such are incurred for work or materials furnished in the construction, repair, or improvement of such homestead, or for services performed by laborers or servants.”
1 later decision quote this exact passagee.g. In Re Kasden
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.