Wootton v. Jones’s Empirical Analysis

Citation profile

3 federal appellate · 1 district · 69 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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A man may have two or.more residences at the same time, but he cannot have more than one homestead. Hence, when he occupies as a residence a place in town and another in the country, under such circumstances that either may be his homestead according to his intention, it is evident that the physical facts alone cannot be relied upon as giving notice that either property is homestead as against the other. Clearly there is notice that one of the properties is homestead, and that both are not. It seems to us that such situation when it arises presents a most appropriate case for a homestead designation by the parties who have the right to resolve in their own minds the dilemma which the physical facts, created by their own conduct, present. This situation is closely analogous, if not on all fours, with that in which an excess over the homestead exemption is being occupied for homestead purposes. A designation in such case, made by the husband alone, is held, in the absence of fraud, to be binding on both spouses. Hanes v. Hanes (Tex. Com. App.) 239 S. W. 190 . To hold that in the case of two residences, one of which could not, under the law, be claimed as homestead, the owners cannot estop themselves, by designation and representations, as to the homestead character of one of the residences, would deprive the owners of the right to raise money on the property which they have no intention to claim as homestead, and which the law, without such intention, does not invest with the ”

   2 later decisions quote this exact passage
   e.g. Glaser v. Henderson · In Re Mitchell

2. ““The burden of proof is upon the plaintiff to establish by a preponderance of the evidence the facts which will enable him to recover.””

   2 later decisions quote this exact passage
   e.g. Morris v. Davis · Texas Indemnity Ins. Co. v. Davis

3. ““Where property is actually occupied as a home, the rule is that neither husband nor wife is estopped to assert its homestead character by designating as homestead other property not so used, coupled with the declaration- that the designated, and not the occupied,- property is in fact the homestead. The basis of the rule is that the. physical facts charge the lender with notice of the homestead character of - the occupied property. . . ' “On the other hand, where property is not actually occupied as a home, the husband and- wife may, by their declarations, estop themselves' -from asserting its homestead character.- Llewellyn v. Bank (Tex. Civ. App.) 265 S. W. 222 , and authorities there cited. The reason for this rule is that the homestead character of the property rests in the minds of the owners, and is not disclosed by physical facts which are open to observation; and, therefore, a representation made by them, not inconsistent with the physical facts, intended to be, and actually, relied upon by the lender in making the loan, brings the case clearly within the principles governing estoppel.””

   1 later decision quote this exact passage
   e.g. Wharton v. Mortgage Bond Co. of New York