Smith v. Lackor’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The position of defendant’s counsel that the debt contracted for the lumber which was used in the construction or erection of the dwelling house on the lot in question was a part of the purchase price paid for the homestead was distinctly repudiated by this court in Cogel v. Mickow, 11 Minn. 475 [ Gil. 354 ], in which it was said, in reference to such a debt: ‘It is no more a part of the purchase money [of the real estate] than the price of a fruit tree or a fence post, used for the improvement of the property, would be.’ The thing to which the homestead right attaches, under the statute, is not ithe house, considered alone as personal property severed from the freehold, but the real estate interest of the owner in the land, which carries.with it the dwelling as an appurtenance and part of the realty. Any debt contracted in the purchase of this real estate interest represents, in whole or in part, the purchase money of the property, but not debts incurred in making improvements or erections thereon of any kind. The indebtedness to Rohrer for lumber which was used in the erection of defendant’s dwelling house constituted no part of the purchase price of his homestead.””

   1 later decision quote this exact passage
   e.g. South Texas Lumber Co. v. Epps