26 Ohio App. 2d 35 - Sellman v. Schaaf’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * When an original survey has been made, it is not the plat or the metes and bounds description that is primary. The primary function of the second surveyor is to find first where the boundaries were established by the first surveyor. Only where this becomes impossible of accomplishment does the second survey turn to the courses, distances, and still-existent monuments to determine the boundaries. The essential rule governing the resurvey is to follow the steps of the first surveyor. “McDermott, supra, at 139, paragraph 3-26A states: “ ‘Conveyances are presumed to be made according to a prior actual survey. It is said that the primary purpose of construction is to follow the footsteps of the surveyor on the ground.’ U * $ ‡ “In Clark, Surveying and Boundaries (2d Ed.1939), it is said at page 727, Section 665: “ ‘The original survey must govern if it can be retraced. It must not be disregarded. So, too, the places where the corners were located, right or wrong, govern, if they can be found. * * * In making a resurvey it is the surveyor’s duty to relocate the original lines and corners at the places actually established and not to run independent new lines, even though the original lines were full of errors.’ ””

   3 later decisions quote this exact passage
   e.g. Checovich v. Cochran · 85 Ohio App. 3d 674 - Sanders v. Webb

2. ““[T]he subdivision is first done by the survey of the premises, establishing monuments, corner posts, etc., so that a physical or semi-physical dividing of the land with the attendant markings takes place. Then a ‘plat is made.’ The symbolic representation of what was done on the premises becomes the recorded documentation of the action taken and provision is made for the dedication and acceptance of public streets and ways.” 26 Ohio App.2d at 40 , 55 O.O.2d at 73 , 269 N.E.2d at 65 .”

   1 later decision quote this exact passage
   e.g. 137 Ohio App. 3d 507 - Owens v. Haunert

3. ““ * * * An action at law for trespass (predicated upon possession) or ejectment (predicated on being out of possession) would be of doubtful value and in any event could result in continuing repeated actions and in a multiplicity of suits; it would therefore appear that the remedy at law would be inadequate and that the exercise of equity powers to quiet title would be proper.””

   1 later decision quote this exact passage
   e.g. Morad v. Brown