Tipton v. Tipton’s Empirical Analysis
1947
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently September 2011 · most notably Orton v. Gay (1970), Wolfe v. Thompson (1970)
38 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 Shipman v. Furniss · Floyd v. Green · McLeod v. McLeod · Verner v. Mosely · Pilcher v. Surles
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'Where it is made to appear by the proof that the child, and not the parent, is the dominant spirit, then the burden of proof is shifted to the former to establish the fairness of the transaction, and that it was not the result of undue influence.'”
2 later decisions quote this exact passage““The relationship of parent and child is confidential. Worsham v. Johnson, supra [ 231 Ala. 265 , 164 So. 381 ]; Gibbons et al. v. Gibbons, supra [ 205 Ala. 636 , 88 So. 833 ], But our cases recognize that gifts and bequests flow naturally from parent to child in accordance with the instincts and common practice of mankind. Therefore, while the relation of parent and child is per se confidential, yet the presumption prevails in this state that the parent is the dominant spirit, and in the absence of evidence other than the mere voluntary gift and confidential relationship, the presumption is that the transaction was free from undue influence. Worsham v. Johnson, supra; Dolberry v. Dolberry, 153 Ala. 434 , 44 So. 1018 ; McLeod v. McLeod, 145 Ala. 269 , 40 So. 414 , 117 Am.St.Rep. 41 . “However, such presumption is not conclusive. The rule in this regard is stated in Dowe v. Farley et al., supra [ 206 Ala. 421 , 90 So. (291) 292], as follows: ‘Where it is made to appear by the proof that the child, and not the parent, is the dominant spirit, then the burden of proof is shifted to the former to establish the fairness of the transaction, and that it was not the result of undue influence.’ See Keeble v. Underwood, 193 Ala. 582 , 69 So. 473 , 475; Couch et al. v. Couch et al., 148 Ala. 332 , 42 So. 624 .””
1 later decision quote this exact passagee.g. Blanton v. Blanton
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.