Holden v. Garrett’s Empirical Analysis

Citation profile

1 district · 24 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No such instrument in writing shall be valid,-except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record.””

   3 later decisions quote this exact passage · from the majority
   e.g. Smith v. Worster · Edwards v. Myers

2. ““Again, it may be laid down as familiar law that a judgment creditor is not a bona fide purchaser. He parts with nothing to acquire his lien. He is in a very different position from one who has bought and paid, or has loaned on the face of a recorded title. The equities are entirely unlike. One has, and the other has not, parted with value upon the face of the record. If the real prevails over the apparent title, the one is no worse off than before he acquired his lien — has lost nothing; while the other loses the ■ value paid or loaned. Hence, equity will help the latter, while it cares nothing about the former. Further, in nearly every state in which an unrecorded mortgage has been postponed to a judgment lien, the statute has expressly declared that such a mortgage shall be void as against creditors; and the courts have laid stress upon this fact in their opinions.””

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Savage

3. ““This evidently contemplates actual and not apparent ownership. The judgment is a lien upon that which is his, and not that which- simply appears to be his. How often the legal title is placed in one party when the equitable title, the real ownership, is in others! . Many reasons induce this — convenience in managing, facility in passing title, number of parties interested, and others needless to mention. And yet the record discloses only the naked legal title. Now if the judgment is a lien upon all that appears, it will cut off all the undisclosed equitable rights and interests. -To extend the lien to that which is not, but which appears of record to be, the defendant’s, is to do violence to the language. ‘Real estate of the debtor’ plainly means that which is in fact of or belonging to the debtor.””

   1 later decision quote this exact passage · from the majority
   e.g. J. I. Case Threshing MacH. Co. v. Walton Trust Co.