Keyworth v. Israelson’s Empirical Analysis
1965
Citation profile
2 district · 25 state decisions
How this case has been cited
Cited by 27 later decisions — most recently October 2016 · most notably Equitable Trust Co. v. Imbesi (1980), Atlantic Richfield Co. v. Sybert (1983)
2 district · 25 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 National City Bank v. Hotchkiss · Barnes v. Alexander · Union Trust Co. v. Biggs · Zimmerman v. Bitner · Hankins v. Public Service Mutual Insurance
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““An equitable hen is based on specific enforcement of a contract to assign property as security. The contract need not stipulate for the hen in express terms; it is enough if .that is the fair and reasonable implication of the terms employed. A mere promise to pay a debt or obhgation does not of itself, however, create a hen unless the intention to create it is apparent from the instrument and circumstances leading to it. Johnson v. Johnson, 40 Md. 189, 196 (1874). See 33 Am.Jur. Liens § 18 and 4 Pomeroy’s Equity Juris prudence §§ 1235-1237 (5th ed.1941); but also see 41 Harv. L.Rev. 404 (1928).””
4 later decisions quote this exact passage · from the majority“The doctrine may be stated in its most general form, that every express executory agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or per sonal, or fund, therein described or identified, a security for a debt or other obligation, or whereby the party promises to convey or assign or transfer the property as security, creates an equitable lien upon the property so indicated, which is enforceable against the property in the hands not only of the original contractor, but of his heirs, administrators, executors, voluntary assignees, and purchasers or encumbrancers with notice. [Id. at 696.] In summary, it would appear that under our cases for an equitable lien to exist a specific intent to create a lien must be made manifest as, for instance, where a written instrument evidences an intent to create a lien but the instrument is imperfect in some regard, such as one with a defective acknowledgment. In the absence of a written contract construed to embody the full agreement of the parties, an equitable hen may be found only where the sum total of the circumstances of the dealings between the parties fairly may be said to evidence an intent to create such a lien.”
2 later decisions quote this exact passage · from the majority““In the preceding portions of this opinion, we have affirmed the finding of the court below that Plimack and Israelson were entitled to payment of legal fees out of the fund, but, for the reasons stated, have found that the amount of those fees is subject to further determination. Accordingly, pursuant to Maryland Rules 871 a. and 872, as it appears to this Court that the substantial merits of this portion of the case will not be determined by affirming, reversing or modifying the order, and that the purposes of justice will be advanced by permitting further proceedings in the cause with the introduction of additional evidence, we remand the case for such further proceedings.””
1 later decision quote this exact passage · from the majority
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.