Andress v. Parish’s Empirical Analysis
1940
Citation profile
12 state decisions
How this case has been cited
Cited by 12 later decisions — most recently April 1995
12 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 Lewis v. Davis · Richardson v. Curlee · Smith v. Thompson · Hooper v. Reed · Fowler v. Haggins
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"At common law, a deed of conveyance of land absolute and unconditional upon its face, but intended and understood by the parties to be merely a security for the payment of a debt, will be treated in equity as a mortgage, conferring upon the parties the relative rights and remedies of mortgagor and mortgagee, and nothing more. This rule is fully recognized and applied in this jurisdiction. Richardson v. Curlee et al. , 229 Ala. 505 , 158 So. 189 ; Hooper v. Reed [ 211 Ala. 451 , 100 So. 875 ; Fowler v. Haggins] , 209 Ala. 176 , 95 So. 816 ; Smith v. Thompson , 203 Ala. 87 , 82 So. 101 ; Lewis v. Davis , 198 Ala. 81 , 73 So. 419 ; Morton v. Allen , 180 Ala. 279 , 60 So. 866 , L.R.A. 1916B, 11 . "In Corpus Juris , Vol. 41, Section 64, pp. 310, 311 and 312, the equitable principle invoked in this case is thus stated: "Under the settled doctrine of equity that the form of a transaction will never preclude inquiry into its real nature, but in all cases the intention of the parties must control, irrespective of the form, if a conveyance is made as a security for money in whatever form the conveyance is made, or whatever cover may be used to disguise the transaction and hide its real character from others, as between the parties and as to all persons who have notice that the property is merely held as collateral security, it will be held and treated as a mortgage. Every deed, therefore, whether absolute or conditional on its face, and whether made to a trustee or not, if made for th”
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.