Cotney v. Eason’s Empirical Analysis

Citation profile

20 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A remainderman not in possession is under no duty to maintain a bill to remove a cloud from his remainder estate pending a life estate, but there are circumstances which require him to act pending the particular estate in order that he may escape the charge of laches. Ward v. Chambless, 238 Ala. 165 , 189 So. 890 ; Teal v. Mixon, 233 Ala. 23 , 169 So. 477 ."”

   2 later decisions quote this exact passage
   e.g. Smith v. Persons · 338 So. 2d 1243 - Duncan v. Johnson

2. ““ ‘The mere possession of land is not prima facie adverse to the title of the true owner. All presumptions and intendments are favorable to the title, and possessions are not presumed to be hos tile, but rather in subordination to it. * * * But, though this presumption attaches to the possession — that it is an occupancy by right — the presumption disappears in the presence of the title. When the title is shown not to attend the possession, but that it resides in another, the law, not favoring wrong, will not presume that the possession was taken, or is held and claimed, in hostility to the title. The btirden of proving the possession adverse — that it zvas taken and held under a claim of title hostile to the title of the true ozvner — rests upon the party asserting it. [Cases cited.]’ (Emphasis supplied.)”

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