Kerrigan v. Thomas’s Empirical Analysis
1973
Citation profile
6 state decisions
How this case has been cited
Cited by 7 later decisions — most recently August 2012
6 state decisions
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 Downing v. Bird · Blackburn v. Florida West Coast Land & Develop. Co. · 237 So. 2d 26 - King v. Carden · 214 So. 2d 62 - Williams v. Johntry · 133 So. 2d 746 - Kiser v. Howard
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“1. To be Land in Actual Occupation Only.— Where it shall appear that there has been an actual continued occupation for seven years of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely; provided that during the period of seven years aforesaid the person so claiming adverse possession without color of title shall have within a year after entering into possession make a return of said property by proper legal description to the assessor of the county wherein situated and has subsequently, during each year paid all taxes theretofore or thereafter levied and assessed against the same .... Section 2. Definition of Occupation and Possession Required. — For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, judgment or decree, land shall be deemed to have been possessed and occupied in the following cases only: 1. Where it has been protected by substantial enclosure; or 2. where it has been usually cultivated or improved; 3. provided however, no such land shall be deemed to have been held adversely under the provisions of subdivisions 1 and 2 above unless within one year after the entiy by such adverse owner, he, she or it has returned the said property by proper legal description to the assessor of the County wherein situated, and has subsequently, ”
1 later decision quote this exact passage“established by loose, uncertain testimony which necessitates resort to mere conjecture.”
1 later decision quote this exact passage
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.