Bruce v. Moore’s Empirical Analysis

Citation profile

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

1. ““This case resolves itself down to this proposition: Two adjoining property owners each claim a 4-foot strip on the common boundary line. There is a substantial controversy as to the true ownership of this disputed strip. Can the party in last peaceable possession, by injunction prevent the other claimant from erecting a fence on the property in dispute, in the absence of a count in trespass to try title in the pleadings in the case? We must answer the foregoing question in the negative. From the findings of fact of the trial court it appears that there is a substantial controversy between plaintiff and defendants as to ownership of the disputed 4 feet between their respective properties. Whether defendants have the right to erect a fence at the proposed location of course depends on who in fact owns the 4-foot strip of ground in controversy. No determinative judgment can be rendered without determining whose is the title to the 4-foot strip of land. This suit not being one in trespass to try title, it is apparent that title cannot be adjudicated herein. We therefore hold that a temporary injunction will not lie to enjoin erection of a fence located upon land, the title to which is in controversy, where the determination of the issue requires the determination of the title to the land in controversy. Trespass to try title is the proper remedy. If the plaintiff’s petition had contained a count in trespass to try title and the temporary injunction had been effective until the t”

   1 later decision quote this exact passage
   e.g. Patten v. Quirl

2. ““These cases, as do numerous authorities cited therein, hold that injunction does not lie to enjoin the erection of a fence on premises in dispute between adjacent landowners, in the absence of a trespass to try title suit. This is true because a proper determination of the issue whether a fence is properly or improperly located depends on a determination of the title to the land. Title cannot be adjudicated by injunction but only by a suit in trespass to try title. See also 32 A.L.R., p. 535 et seq.””

   1 later decision quote this exact passage
   e.g. Popplewell v. City of Mission