Carter v. Ford’s Empirical Analysis
1961
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently July 2002
14 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 Smith v. Stansel · Shorter v. Lesser · Cox v. Kyle · Johnson v. St. Catherine Gravel Co.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The common law gave to joint owners of land a right to have a partition in kind, and the right of selling the land and of dividing the proceeds given by the statute, is an innovation upon the common law, and as it takes away from the owner the right to keep his freehold in kind, it must be strictly pursued, and it must appear from the record that an equal division cannot be made, or that a sale of the land will better promote the interest of all parties than a partition in kind. ( 75 Miss. at 669, 670 , 23 So. at 519).”
1 later decision quote this exact passagee.g. Burley v. Kuykendall“If, upon hearing, the court be of the opinion that a sale of the lands, or any part thereof, will better promote the interest of all parties than a partition in kind, or if the court be satisfied that an equal division cannot be made, it shall order a sale of the lands, or such part thereof as may be deemed proper, and a division of the proceeds among the cotenants according to their respective interests.”
1 later decision quote this exact passage · from the majority“The court may decree the sale of a part of the land and the partition in kind of the residue.”
1 later decision quote this exact passage · from the majoritye.g. Burley v. Kuykendall
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.