Webb v. Arterburn’s Empirical Analysis
1954
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently December 2001
10 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 Collins v. Prentice · McKeon v. Brammer · Loughman v. Couchman · Zimmerman v. Cockey · McTavish v. Carroll
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The doctrine of adverse possession upon which plaintiff relies is to be taken strictly. There are usually no equities in favor of one who claims property of another by adverse possession and his acts are to be strictly construed. * * * The facts relied upon to establish adverse possession must be strictly proved. They cannot be presumed. The law presumes the possession of land is under the regular title and will not permit such presumption to be overcome by another presumption. * # * “Mere proof of use of this roadway is not therefore sufficient to establish plaintiff’s claim. Such use may have been permissive only. Plaintiff was required to prove also: (1) That he claimed an easement over the roadway in question as his right, and this must be established by evidence independent of its use; and (2) that defendants or their predecessors in title had express notice of such claim of right to use the roadway against their objections. A right that starts permissively and is not claimed as a right independent of permission does not start the running of the statute of limitations.” (At pages 1335, 1336 of 238 Iowa, 30 N.W.2d at page 317)”
1 later decision quote this exact passagee.g. Simonsen v. Todd“Mere proof of use ... is not sufficient. The use may be permissive only. To invest the plaintiff [appellant] with a right to a continued use, he must show something more than use for the statutory period, and two things more are essential: (1) That he claimed an easement as his right, and this must be established by evidence distinct from and independent of its use; and (2) that the party against whom the claim is made had express notice thereof — that is, not of the use, but of the claim of right to use against the objections or protest of the owner.”
1 later decision quote this exact passagee.g. Heald v. Glentzer
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.