Runge v. Brown’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Objection is made to the sale, because the sheriff levied upon and advertised the lot before selling the personal property taken under the execution. It clearly appears that the personal property was levied upon before a levy was made upon the real estate, and that the personalty was inadequate to satisfy the execution. After a sheriff has levied upon goods and chattels which the appraisement shows to be insufficient to satisfy the writ he may undoubtedly levy upon real estate, even before the sale of the personalty. The personal property, however, must be first sold. This is within the meaning of section 483 of the Code of Civil Procedure (1887) which provides that personal property shall be first levied upon, and, for want of goods and chattels, that the officer canse the execution to be made of the lands of the debtor. The authorities fully sustain the action of the sheriff in chis regard. Freeman in his work on Executions, section 279, says: ‘If the defendant has both real and personal property, but not enough of the latter to satisfy the writ, there is no objection to levying on the real estate at the same time or even before the levy is made on the personal property, if the latter is first advertised and sold.’ See Sullenger v. Buck, 22 Kan. 28 . Care, however, should be taken that no more real estate is levied upon or sold than with the aid of the personal property will be sufficient to satisfy the execution. ’ ’”

   1 later decision quote this exact passage
   e.g. Blasingame v. Wallace