Dellerman v. Mangold’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he point in this case is rather shocking. Dellerman gained a judgment in 1938 that he did not own the property, by proving that his deed to his daughter was not made for the purpose of defrauding his creditors. Having defeated his creditors back in 1938, he now urges that he does own the property because the deed to his daughter was executed only as a device to defeat his creditors. All the other points in the case converge around this fact. For Dellerman to set aside his deed to Mrs. Mangold he must prove that it was executed and recorded to defraud his creditors, but when he does that he loses his case under the law. The Supreme Court has closed the door to grantors who shield their property from the just claims of creditors and later seek to recover from their grantee in whom was placed the apparent title. If everything happened that Dellerman claims, he has no enforceable right. This is so for reasons of public policy, to discourage fraudulent transactions. The courts leave the parties in the position in which they have placed themselves.”

   3 later decisions quote this exact passage
   e.g. De La Pena v. Elzinga · Poe v. Hamlin National Bank

2. ““The Dellermans and the Mangolds, as co-defendants, convinced the court and jury in the 1938 action, that the deed was valid, and obtained a judg- ' ment that Rogers take nothing. Rogers, the creditor in 1938, was unable to enforce his judgment against the Dell-ermans because Mr. Dellerman had already validly conveyed his property to his daughter, Mrs. Mangold.””

   1 later decision quote this exact passage
   e.g. Knox v. Long