In Re Webb’s Empirical Analysis
2001
Citation profile
8
cited by 8 later decisions
March 2019
most recently cited
Relationships
Applies 28 U.S.C. § 157
Relies on Shalala v. Schaefer · Bradley v. Pacific Southwest Bank · Commonwealth Land Title Insurance v. Bradley · Cocke v. Conquest · Autry v. Reasor
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In this case, nothing supports the Debtors’ exemption claim of the rental properties other than that the income they produce is used for the support of the Debtors’ family. The cases illustrate that, even during those times when renting agriculture land for a share of the crops might not preclude its exemption, it has always been the rule that the mere use of the rental proceeds as income, or “support,” without any other use of the property “for the purposes of a home, ” is insufficient to qualify it as a rural homestead. To follow the Debtors’ logic would be to state a rule wherein a debtor could acquire dozens of rent houses, scattered throughout the state, and so long as each was situated on a rural tract and the aggregate acreage fit within the amounts allowed by law, each “rent house” could be claimed as the debtor’s “homestead”. Homestead is, this court thinks, a different proposition. As stated in the case law, the land must be used for some “purpose” of a home. Rent houses are not within that intendment.”
1 later decision quote this exact passage“(c) A homestead is considered to be urban if, at the time the designation is made, the property is: (1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and (2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality: (A) electric; (B) natural gas; (C) sewer; (D) storm sewer; and (E) water.”
1 later decision quote this exact passagee.g. In Re Schott“(1) for a family, not more than 200 acres, which may be in one or more parcels , with the improvements thereon ...”
1 later decision quote this exact passagee.g. In re Pool
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.