Leonard v. Duncan’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[a] resulting trust is a creature of equity, based on the presumption that he who furnishes the consideration for the purchase of lands intends the purchase for his own benefit.”

   2 later decisions quote this exact passage
   e.g. 331 So. 2d 656 - Cone v. Cone · 973 So. 2d 1068 - Abston v. Estate of Abston

2. ““Where one person makes a loan to another with which to purchase lands, and by mutual agreement a deed is made directly from the vendor to the lender as security for the lean, the transaction partakes of' the nature both of a resulting trust and a mortgage. A resulting trust, because the money loaned becomes that of the borrower, and the title acquired with his money is taken in the name of another; a mortgage, because it is given as security for the debt due from lender to borrower. “For convenience this court has come to call it a trust in the nature of an equitable mortgage. For purposes of equitable relief it is treated as a mortgage. It is not subject to the statute of frauds.””

   1 later decision quote this exact passage
   e.g. Holman v. Weed

3. “It is well understood that a resulting trust arises by operation of law, in favor of him who advances the purchase money for *Page 1071 land, though the title be taken in the name of another.”

   1 later decision quote this exact passage
   e.g. 973 So. 2d 1068 - Abston v. Estate of Abston