Pollard v. Simpson’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The deed from Robert Blythe and others to F.M. Thomason, dated December 11, 1886, and which is the source from which complainant claims title, shows a severance of the minerals here involved from the surface. Therefore, the respondents must show such adverse possession of the minerals, as distinguished from adverse possession of the surface, as will ripen into title, in order to defeat complainant's record title. After severance of the minerals, in situ, from the surface, the possession of the latter is not possession of the former. The effect of the severance is to create two closes, adjoining but separate. Hooper et al. v. Bankhead & Bankhead, 171 Ala. 626 , 54 So. 549, 551 , and authorities there cited. "What, then, will constitute adverse possession of minerals severed in title from the soil? "In the case of Hooper et al. v. Bankhead & Bankhead, supra , this court said: `Such a possession (adverse) must be actual, notorious, exclusive, continuous, peaceable and hostile for the statutory period. And in these respects the surface owner is in no better position than a stranger. * * * Actual possession is taken by the opening of mines and carrying on of mining operations. That possession is continuous if the operations are continuous, or are carried on continuously at such seasons as the nature of the business and the customs of the country permit or require. A cessation of operations in accordance with the custom of the neighborhood, or from necessity occasioned by some nat”

   1 later decision quote this exact passage
   e.g. 512 So. 2d 1297 - Whitehead v. Hester

2. “It is insisted by appellant that two adverse claimants cannot have possession of the same identical property at the same time, and that respondents failed to prove adverse possession because the evidence discloses a `joint possession' of the minerals involved by J.A. Simpson and Mrs. M.L. Simpson, husband and wife.”

   1 later decision quote this exact passage
   e.g. 512 So. 2d 1297 - Whitehead v. Hester

3. “The case was submitted to the court below on the original bill as amended, the answer of the respondents, the agreement of the parties and the testimony noted by the register. The lower court entered a decree denying the relief prayed for, and dismissed the bill without prejudice; and complainant appeals.”

   1 later decision quote this exact passage
   e.g. 512 So. 2d 1297 - Whitehead v. Hester