Welder v. Carroll’s Empirical Analysis

Citation profile

15 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the boundary line between these surveys was run out and marked upon the ground, and it can be ascertained and established by a re-survey, following the calls in the title and map forming a part of it and the ancient landmarks made for its identity by the original surveyor; or, if its locality can be proved by witnesses who can, from their personal knowledge, or on information derived from general reputation, or from its having been pointed out to them by the surveyor by whom it was run, or others who were present at the time or cognizant of the fact (Stroud v. Springfield, Austin term, 1866, 28 Tex. 649 ) this will fix and mark its position, although there may be a discrepancy between its position thus ascertained and that given it by the calls or plat on the grant.”

   2 later decisions quote this exact passage
   e.g. Hunnicutt v. Peyton · Southern Pine Lumber Co. v. Whiteman

2. “while, as heretofore held by this court, hearsay evidence to establish ancient boundaries is, under proper circumstances, admissible, it should be closely scrutinized and received with proper caution.”

   1 later decision quote this exact passage
   e.g. Hunnicutt v. Peyton