Theros v. Phillips’s Empirical Analysis
1977
Citation profile
27 state decisions
How this case has been cited
Cited by 27 later decisions — most recently July 2017 · most notably Wojahn v. Johnson (1980), Nichols v. Shelard National Bank (1980)
27 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 Metro Office Parks Co. v. Control Data Corp. · Theisen’s Inc. v. Red Owl Stores, Inc. · Beardsley v. Crane · Fritz v. Fritz · Moore v. Henricksen
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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) Acquiescence: The location relied upon must have been acquiesced in for a sufficient length of time to bar a right of entry under the statute of limitations. (2) Agreement: The line must have been expressly agreed upon by the interested parties and afterwards acquiesced in. (3) Estoppel: The party whose rights are to be barred must have silently looked on with knowledge of the true line while the other party encroached thereon or subjected himself to expense which he would not have incurred had the line been in dispute.”
6 later decisions quote this exact passage“(1) there was a valid agreement between the parties expressing their real intentions; (2) the written instrument ... failed to express the real intentions of the parties; and (3) this failure was due to a mutual mistake of the parties, or a unilateral mistake accompanied by fraud or inequitable conduct by the other party.”
4 later decisions quote this exact passage“An action may be brought by any person owning land or any interest therein against the owner, or persons interested in adjoining land, to have the boundary lines established; and when the boundary lines of two or more tracts depend upon any common point, line, or landmark, an action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, to have all the boundary lines established.”
1 later decision quote this exact passagee.g. Allred v. Reed
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.