Stewart v. Bittle’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It may be conceded, as claimed by appellant, that there never was any express agreement to treat the fence as the dividing line between the two parcels of land. Such an agreement, however, may be inferred by the actions of the parties.””

   3 later decisions quote this exact passage
   e.g. Kittler v. Phillips · Barnes v. Young

2. ““We have frequently held that when adjoining landowners silently acquiesce for many years in the location of a fence as the visible evidence of the division line and thus apparently consent to that line, the fence line becomes the boundary by acquiescence. Deidrech v. Simmons, 75 Ark. 400 , 87 S. W. 649 ; Robinson v. Gaylord, 182 Ark. 849 , 33 S. W. 2d 710 ; Seidenstricker v. Holtzendorff, 214 Ark. 644 , 217 S. W. 836 . As we said in a very similar case, Gregory v. Jones, 212 Ark. 443 , 206 S. W. 2d 18 : ‘It is true that in this case the original rail fence line was established without a prior dispute as to boundary ; but the recognition of that line for the many intervening years (34 in this ease) shows a quietude and acquiescence for so many years that the law will presume-an agreement concerning the boundary.’ ””

   1 later decision quote this exact passage
   e.g. Morton v. Hall