Oaks v. Kendall’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the owner of land contracts to sell it, and to give a conveyance upon the payment of the purchase money, and retains the title in himself, he is sometimes spoken of as holding a vendor’s lien, and he may proceed to sell the property for the payment of the purchase money in like manner as if he had conveyed the title. But as was said in Avery v. Clark, 87 Cal. [619], 625, 25 P. 919 [22 Am.St. Rep. 272]: ‘Properly speaking, a vendor’s lien does not exist until the vendor has parted with his title. So long as he retains the title, he cannot be said to have any implied lien upon the land. The security which he has then for the purchase money is created by express reservation, and cannot be impaired by any act of the vendee. This is an express lien, existing by virtue of a contract executed between the parties, ... Such a lien is open and manifest to the world, ... For such a lien, equity makes no special provision, but leaves the parties to rely upon the contract which they have executed between themselves.’ ””

   1 later decision quote this exact passage
   e.g. Butler v. Wilkinson