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← 273 S.C. 412 - F. Gregorie & Son v. Hamlin

F. Gregorie & Son v. Hamlin’s Empirical Analysis

1979

Citation profile

8
cited by 8 later decisions
2
states following
October 2015
most recently cited

7 state decisions

How this case has been cited

Cited by 8 later decisions — most recently October 2015

7 state decisions

4019791980199020002010decided

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 Leland v. Morrison · Thevenot ex rel. Estate of Thevenot v. Commercial Travelers Mutual Accident Ass'n of America · Hamilton v. Hamer · Brown v. Bank of Sumter · Britton v. Amos

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. “1. That there was no evidence that the owner desired to sell or that the lender desired to purchase. 2. That during the negotiations nothing was said about a sale of that property. 3. That no price was fixed as a selling value of the property and no discussion along that line was had. 4. That no attempt was made to ascertain the real value of the property upon which a sale would reasonably be based, greater liberality being exercised when a loan was intended. 5. That the grantees made no inquiry as to the value of the land.”
    1 later decision quote this exact passage · from the majority
  2. ““[I]f the consideration passing between the parties, or the amount to be paid by the grantor on exercising his right to repurchase, would be fairly proportioned to the value of the property, if considered as a debt or loan secured by a mortgage thereon, but grossly inadequate if regarded as the price of the land on an absolute sale, this will tend strongly to show that a sale could not have been intended, but that the transaction should rather be treated as a mortgage.””
    1 later decision quote this exact passage · from the majority
  3. “A strong indicia of whether the purported conveyance was intended as security for a debt or was a sale or deed is reflected by the existence or lack thereof of a debt or liability between the parties either existing prior to the contract or rising from a loan made at the time of the contract whereby the debt is still left subsisting after the transaction in question.”
    1 later decision quote this exact passage · from the majority

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.