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← 233 SO2D 369 - Powell v. Carter

Powell v. Carter’s Empirical Analysis

1970

Citation profile

7
cited by 7 later decisions
1
states following
March 2009
most recently cited

6 state decisions

Relationships

Relies on Succession of Gilmore · League Central Credit Union v. Montgomery · Myrtle Grove Packing Company v. Mones · 158 So. 2d 228 - Tapp v. Guaranty Finance Company · Li Rocchi v. Keen

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

  1. “). There, a sale under executory process was set aside, insofar as the property was still in the hands of the original seizing creditor, where there was no authentic evidence to prove that the note sued upon had been transferred to the plaintiff in the executory proceeding. That is, there was no authentic evidence of the transfer of the note from the maker to the plaintiff in the executory proceedings. As Judge Landry pointed out, in permitting the sale to be annulled because of this procedural defect, it was a matter that”
    1 later decision quote this exact passage
  2. “Defendant herein was both the mortgage creditor who initiated the executory proceedings and the adjudicatee at the sale of the property. Not only is the purchaser charged with the knowledge of the nullity upon which the order was improvidently issued, but he was also responsible for the fatal defect, i. e., failure to produce authentic evidence.. . ..”
    1 later decision quote this exact passage
  3. “"Nevertheless, it is the clear import of the cited authorities that noncompliance with the provisions of LSA-C.C.P. Article 2635 renders an executory proceeding absolutely null and void." ( 233 So.2d at p. 373 )”
    1 later decision quote this exact passage

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.