Peck v. McClelland’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ ‘If the grantor, no matter what the words may be, retains in himself title to a part of the land described in the deed, it is an exception. In such case words of inheritance are not necessary to retain in him the title for himself and his heirs. This is reasonable, because the deed did not purport to convey the title to the part excepted, nor to devest him of it. “Whatever is excluded from the grant by exception remains in the grantor as of his former title or right.” ’ Negaunee Iron Co. v. Iron Cliffs Co., 134 Mich. 264 . “By the deeds here involved, there is an exception of the 14-foot strip. It is not conveyed by the grantor to the grantee in any deed. A right of way over this 14-foot strip was given by the grantor to the grantee but the fee was retained by the grantor. ‘ ‘ ‘A grantor who states in his deed that he excepts a certain portion of the land because he wants it for a certain purpose cannot be held to have conveyed that which he has expressly excluded because he afterwards devotes it to a different purpose.’ Mayor, etc., of New York v. Railroad Co., 69 Hun, 324 ( 23 N. Y. Supp. 562 ); Delano v. Luedinghaus, 70 Wash. 573 ( 127 Pac. 197 ). “If this 14-foot strip was excepted from the deeds of McClelland, the title thereto remained in birrij and, upon his death, passed to his heirs, subject to the easement.””

   1 later decision quote this exact passage
   e.g. Thomas v. Jewell

2. ““excepting and reserving a strip of land across the south end of the said lot, 14 feet wide running east and west for an alley, a right of way from the south end of said above devised premises to Saginaw street is granted by first parties to second party.””

   1 later decision quote this exact passage
   e.g. Thomas v. Jewell

3. “‘ ‘ reserving a strip of land 14 feet wide off the south end of above-described land for alley.””

   1 later decision quote this exact passage
   e.g. Thomas v. Jewell