Borders v. Yarbrough’s Empirical Analysis
1953
Citation profile
60 state decisions
How this case has been cited
Cited by 60 later decisions — most recently September 2018 · most notably Weyerhaeuser Company v. Carolina Power & Light Co. (1962), Hensley v. Ramsey (1973)
60 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 Thompson v. . Umberger · Burgas v. Stoutz · Walker v. Phelps · Waldrop v. Town of Brevard · Norfleet v. Cromwell
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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““With reference to the manner of grant, the rule is that in describing an easement, all that is required is a description which identifies the land that is the subject of the easement and expresses the intention of the parties. No set form or particular words are necessary to grant an easement. As a general rule, any words clearly showing the intention to grant an easement which is by law grantable are sufficient. In easements, as in deeds generally, the intention of the parties is determined by a fair interpretation of the grant.” 17 Am. Jur., Easements, Sec. 25. It is stated in 110 A.L.R., Annotation . . . “where the grant of an easement of way does not definitely locate it, it has been consistently held that a reasonable and convenient way for all parties is thereby implied, in view of all the circumstances” . . . “It is a settled rule that where there is no express agreement with respect to the location of a way granted but not located, the practical location and user of a reasonable way by the grantee, acquiesced in by the grantor or owner of the servient estate, sufficiently locates the way, which will be deemed to be that which was intended by the grant.””
3 later decisions quote this exact passage“a reasonable and convenient way for all parties is thereby implied, in view of all the circumstances.”
3 later decisions quote this exact passagee.g. Oliver v. Ernul · Hanes v. Kennon“the description thereof must not be so uncertain, vague and indefinite as to prevent identification with reasonable certainty. * * * If the description is so vague and indefinite that effect cannot be given the instrument without writing new material language into it, then it is void and ineffectual either as a grant or as a reservation. * * * The description must either be certain in itself or capable of being reduced to a certainty by a recurrence to something extrinsic to which it refers. * * * If the ambiguity in the description in a deed is patent, the attempted conveyance or reservation, as the case may be, is void for uncertainty. And a patent ambiguity is such an uncertainty appearing on the face of the instrument that the court, reading the language in the light of all the facts and circumstances referred to in the instrument, is unable to derive therefrom the intention of the parties as to what land was to be conveyed. This type of ambiguity cannot be removed by parol evidence since that would necessitate inserting new language into the instrument which under the parol evidence rule is not permitted.”
1 later decision quote this exact passagee.g. Oliver v. Ernul
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.