Joines v. Patterson’s Empirical Analysis

Citation profile

3 federal appellate · 6 district · 9 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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the settled construction given to the seven-year statute of limitations by the courts of Arkansas, it began to run against Patterson when Joines took possession. ‘So long as a man is in possession of land, claiming title, however wrongfully, and with whatever degree of knowledge that he has no right, so long the real owner is out of possession, in a constructive as well as an actual sense. It is of the nature of the statute of limitation, when applied to civil actions, in effect, to mature a wrong into a right, by cutting off the remedy. To war rant its application in ejectment, the books require color of title, by deed or other docu-mental semblance of right in the defendant, only when the defense is founded on a constructive adverse possession. But neither a deed nor any equivalent muniment is necessary, where the possession is indicated by actual occupation, and any other evidence of an adverse claim exists. The muniment is but one circumstance by which to make out an adverse possession.’ Ferguson v. Peden, 33 Ark. 150, 155 ; Jacks v. Chaffin (1879) 34 Ark. 534, 541 ; Logan v. Jelks, 34 Ark. 547, 549 . “The Supreme Court of Oklahoma seems definitely to have approved the doctrine that rights of action arising in Indian Territory prior to statehood remained subject to the Arkansas statute of limitations. Patterson v. Rousney, 58 Okla. 185, 202 , 159 P. 636 ; Davis v. Foley, 60 Okla. 87 , 88 L. R. A. 1917A, 187, 159 P. 646 . And see United States Fidelity & G. Co. v. F”

   2 later decisions quote this exact passage · from the majority
   e.g. Grayson v. Harris · Deere v. Gypsy Oil Co.

2. “No person or persons, or their heirs, shall have, sue or maintain any action or suit, either in law or equity, for any lands, tenements or hereditaments but within seven years next after his, her or their right to commence, have or maintain such suit shall have come, fallen or accrued; and all suits, either in law or equity, for the recovery of any lands, tenements or hereditaments shall be had and sued within seven years next after title or causé of action accrued, and no time after said seven years shall have passed.”

   1 later decision quote this exact passage · from the majority
   e.g. Grayson v. Harris