Wilfe v. Waller’s Empirical Analysis

Citation profile

13 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * *. Both counsel and the court were apparently under the impression that a mere absence of consideration justified a cancellation of the deeds. But the principle is well settled that as between the parties to a deed reciting a valuable consideration, the grantor, in the absence of mistake, fraud or duress, is estopped to deny the recitation. Stacey v. Walter, 125 Ala. 291 , 28 So. 89 ; Vincent v. Walker, 93 Ala. 165 , 9 So. 382 ; Hubbard v. Allen, 59 Ala. 283 ; Kinnebrew’s Distributees v. Kinnebrew’s Admrs., 35 Ala. 628 . “It is equally well settled that the mere fact that the consideration recited in a deed has not been paid is not sufficient ground for its cancellation. Wells v. Wells, 252 Ala. 390 , 41 So.2d 564 . [Supra] “It follows therefore that the decree of the trial court cannot be supported on the mere declaration that no consideration moved from the grantees to the grantors or that the deeds were wholly without consideration. Cf. Gray v. Gray, 246 Ala. 627 , 22 So.2d 21””

   1 later decision quote this exact passage
   e.g. Porter v. Roberson