Henry v. White’s Empirical Analysis

Citation profile

2 federal appellate · 39 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 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"`One of the rules in the construction of deeds is that if there be two clauses which are utterly inconsistent with each other, and which cannot be reconciled or made to stand together, the last shall give way to the first, the maxim being " the first clause in a deed, and the last in a will, shall prevail ."'"”

   2 later decisions quote this exact passage
   e.g. 822 So. 2d 392 - Moss v. Williams · Wilkins v. Ferguson

2. ““Every estate in lands is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that ■ a less estate was intended.””

   2 later decisions quote this exact passage
   e.g. Kettler v. Gandy · Smith v. Smith

3. “"If the granting clause does not expressly designate the estate conveyed, and there is nothing in the other parts of the deed to indicate the estate intended to be conveyed, the provisions of Title 47, § 14, Code 1940, [now § 35-4-2 ] have application. Said section reads: `Every estate in lands is to be taken as a fee simple although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less estate was intended.' * * * "But where the granting clause does not expressly designate the estate conveyed, and the other clauses indicate the nature and character of the estate conveyed, there is no room for the operation of the provisions of law now codified as § 14, Title 47, Code 1940."”

   1 later decision quote this exact passage
   e.g. Smith v. Smith