Rossner v. Jeffery’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ The “adverseness” of the possession . . . does not consist alone of mental intentions, but it must also be based on the existence of physical facts which openly evince a purpose to hold dominion over the land in -hostility to the title of the real owner, and which will give notice of this hostile intent. A possession, it appears, is adverse to the true owner when it is unaccompanied by any recognition, express or inferable from the circumstances, of the right in the latter.’ Tiffany, Real Property (3d Ed.), § 1142. ‘When the evidence tends to show that the. possession has all the qualitiés of an adverse holding, the law presumes that such possession is adverse, absent evidence to the contrary.’ Thompson, Real Property, ’§ 2544. There is nothing to indicate that Ketscher’s open and notorious possession was permissive or subordinate to the Rossners ’ title. The chancellor was therefore justified in concluding that the necessary hostility of intent existed. If this were not so it would often be impossible to prove adverse possession after the death of the person who had acquired title in that way.””

   1 later decision quote this exact passage
   e.g. Jones v. Brown