Cloud v. Gamble’s Empirical Analysis
1956
Citation profile
5 state decisions
How this case has been cited
Cited by 5 later decisions — most recently March 2008
5 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 First Nat. Bank of Opp v. Wise · First Nat. Bank of Opp v. Wise · Hawk v. Moore
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In the `ordinary case' by analogy to the time allowed for statutory redemption there is fixed the period of two years as a reasonable time for a mortgagor to elect to disaffirm a mortgage foreclosure sale. Hawk v. Moore, 260 Ala. 228 , 69 So.2d 419 [(1954)], and cases cited. But where there are peculiar features that seem to refute the presumption of ratification after the lapse of two years that rule is relaxed and the presumption of ratification is not given effect. First National Bank of Opp v. Wise, 241 Ala. 481 , 3 So.2d 68 [(1941)]. "In First National Bank of Opp v. Wise, 235 Ala. 124 , 177 So. 636 [(1937)], it was held that a foreclosure under the power of sale which is infected with fraud does not cut off the equity of redemption, and the mortgagor or those succeeding to his rights by operation of law have a reasonable time, to be determined by the court in the light of circumstances of the particular case, to assert and protect such right in a court of equity. "In the instant case it is true that a period of nearly seven years elapsed between the mortgage foreclosure sale and the filing of the original bill. It is our opinion, however, that under the facts averred in this bill it should not be held as a matter of law that the complainant has not acted within a reasonable time."”
1 later decision quote this exact passagee.g. Browning v. Palmer“peculiar features that seem to refute the presumption of ratification”
1 later decision quote this exact passagee.g. Browning v. Palmer“relaxed and the presumption of ratification ... not given effect.”
1 later decision quote this exact passagee.g. Browning v. Palmer
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.