Lubin v. Klein’s Empirical Analysis
1963
Citation profile
3 federal appellate · 12 state decisions
How this case has been cited
Cited by 17 later decisions — most recently April 2021
3 federal appellate · 12 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 Slice v. Carozza Properties, Inc. · Dyson v. Simmons · Citizens' Fire Insurance, Security & Land Co. v. Doll · Jackson v. County Trust Co. · Western National Bank v. National Union Bank
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.
“It is well settled in this State, since Dyson v. Simmons, 48 Md. 207 (1878), that generally where an instrument intended to operate as a mortgage fails as a legal mortgage because of some defect or infirmity in its execution, an equitable mortgage may be recognized, with priority over judgments subsequently obtained. See also Jackson v. County Trust Co., 176 Md. 505 [, 6 A.2d 380 ] (1939); Western Bank v. Union Bank, 91 Md. 613 [, 46 A. 960 ] (1900); cf. Berman v. Berman, 193 Md. 614 [, 69 A.2d 271 ] (1949). The theory underlying the equitable mortgage doctrine is that an instrument which is intended to charge certain lands, even though defectively executed, is nevertheless considered to be evidence of an agreement to convey, and a court of equity should enforce the obligation despite the technical defects in the instrument.”
1 later decision quote this exact passage · from the majority
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.