Hendriksen v. Cubage’s Empirical Analysis

Citation profile

2 federal appellate · 2 state decisions

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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The rule appears to be well established that “an equitable title to land is a present right to the legal title,” Carmichael v. Delta Drilling Co., Tex.Civ.App., 243 S.W.2d 458, 460 [(1951)]. Pomeroy’s Equity Jurisprudence, 5th Ed., Vol. 1, Sec. 147, p. 199, defines an equitable estate as follows: “An equitable estate in its very conception, and as a fact, requires the simultaneous existence of two estates or ownerships in the same subject matter, whether that be real or personal, the one legal, vested in one person, and recognized only by courts of law; the second equitable, vested in another person and recognized only by courts of equity ... the ownership of the equitable estate is regarded by equity as the real ownership, and the legal estate is, as has been said, no more than the shadow ... the remedies given to equitable owner are intended to preserve his estate, and to protect it both against the legal owner and against third persons.””

   2 later decisions quote this exact passage · from the majority
   e.g. In Re Ealy · Federal Land Bank of St. Louis v. Cupples Farms (In Re Cupples Farms)

2. “the ownership of the equitable estate is regarded by equity as the real ownership, and the legal estate is, as has been said, no more than a shadow.... [T]he remedies given to the equitable owner are intended to preserve his estate, and to protect it both against the legal owner and against third persons.”

   1 later decision quote this exact passage · from the majority
   e.g. Ferrif