Sleeth v. . Sampson’s Empirical Analysis

Citation profile

6 federal appellate · 2 district · 46 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 60 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An estate or interest in real property (other than a lease for a term not exceeding one year) cannot be created, granted, or assigned ‘unless by act or operation of law, or by a deed or conveyance in writing.’ Real Property Law (Consol.Laws, 50), § 242. A contract ‘for the sale of any real property, or an interest therein,’ is void unless the contract, or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the grantor. Real Property Law, § 259. A mortgage is a convejmnce of an interest in real property within the meaning of section 242. Bogert v. Bliss, 148 N.Y. 194 , 199, 42 N.E. 582 , 51 Am.St.Rep. 684 . A contract to give a mortgage is a contract for the sale of an interest in real property within the meaning of section 259. No doubt the word ‘sale,’ when applied to such a transaction is inexact and inappropriate. Our present statute comes to us by descent from the English statute (29 Car. II. c. 3, § 4), which speaks of ‘any contract or sale of lands, tenements, or hereditaments or any interest in or concerning them.’ The change of phraseology lias not worked a change of meaning. One who promises to make another the owner of a lien or charge upon land promises to make him the owner of an interest in land, and this is equivalent in effect to a promise to sell him such an interest.””

   1 later decision quote this exact passage
   e.g. Cohen v. Gensbro Hotel Co.

2. ““At best, the case is within the rule that acts merely ancillary or preliminary to performance are not acts of part performance within the equitable doctrine. The delivery of abstracts, putting a deed in the hands of a solicitor to prepare a conveyance, even the preparation of the conveyance, if not followed by the signing, these and like acts have been held to be inadequate.””

   1 later decision quote this exact passage
   e.g. Cohen v. Gensbro Hotel Co.

3. ““Every contract for the leasing for a longer period than one year, or for the sale of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.””

   1 later decision quote this exact passage
   e.g. Cohen v. Gensbro Hotel Co.