McGuffy v. Weil’s Empirical Analysis
1960
Citation profile
106 state decisions
How this case has been cited
Cited by 118 later decisions — most recently June 2019 · most notably Leonard v. Lavigne (1964), Whitehall Oil Company v. Heard (1967)
106 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 State v. BOARD OF SUPERVISORS, ETC. · Noel Estate, Inc. v. Kansas City Southern & Gulf Ry. Co. · Prince v. Hopson · Tugwell v. Members of the Board of Highways · Burton v. Lester
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 118 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The law favors the free and unrestrained use of immovable property. It follows that any doubt as to the interpretation of a servitude encumbering property must be resolved in favor of the property owner. LSA-Civil Code, Article 753. The intention of the proprietor to establish a servitude must clearly appear from the title document."”
7 later decisions quote this exact passage“(b) While the word “title” has many meanings, it is used in the source provision synonymously with juridical act; it includes a contract, a testament or other act such as sale by expropriation intended to create a predial servitude and is not limited to an instrument in writing. See McGuffy v. Weil, 240 La. 758, 765 , 125 So.2d 154, 157 (1960): “The plaintiff attempts to equate Title’ as used in article [766] with the deed, or act of sale, by which the servient estate is acquired. He contends that, in order to create the servitude, the restriction must be incorporated in the deed conveying the land. Such a narrow construction, necessarily, does violence to the codal provision.... The conclusion is inescapable that ‘title’ as used in Article 766 refers to the method by which the servitude may be acquired and does not relate exclusively to the conveyance of the servient estate. It is a generic term which embraces any juridical act.”....”
2 later decisions quote this exact passage“"That said property shall only be used for residential purposes and that all dwellings erected * * * must be so erected so as to face Stubbs Place (or Avenue). It is understood that the foregoing restriction as to the use of the lastly described property shall constitute a covenant running with the land and shall be binding upon appearer and all subsequent owners thereof howsoever they may acquire." Id. at 156.”
2 later decisions 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.