Wimbush v. Danford’s Empirical Analysis
1922
Citation profile
5 federal appellate · 8 state decisions
How this case has been cited
Cited by 13 later decisions — most recently December 1974
5 federal appellate · 8 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 Hall v. Stephens · Curd v. Brown · Gibson v. Zimmerman · Bains v. Bullock · Garner v. Jones
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The character of estate known as an estate by the entirety has long been firmly intrenched in the law of this state. As early as Gibson v. Zimmerman, 12 Mo. 385 , 51 Am.Dec. 168 , and Garner v. Jones, 52 Mo. 68 , the common-law doctrine that a conveyance in fee of real estate to a husband and wife created a tenancy by the entirety was accepted and adopted with judicial approval. In Hall v. Stephens, 65 Mo. 670 , 27 Am.Rep. 302 , Bains v. Bullock, 129 Mo. 117 , 31 S.W. 342 , and [First Nat.] Bank v. Fry, 168 Mo. 492 , 68 S.W. 348 , the estate was further recognized. With the adoption of the common-law doctrine,» there was necessarily adopted the attributes of the estate, viz.: That neither the husband nor wife was seized of moieties but of entireties, each being the owner of the entire estate; that if either died the estate continued in the survivor; and that, upon the death of both, the heirs of the last surviving would take to the exclusion of the heirs of the first deceased. Tiedeman on Real Property (3d Ed.) § 181. In Wilson v. Frost, 186 Mo. [311] loc.cit. 319, 85 S.W. 377 , 105 Am.St.Rep. 619 , 2 Ann. Cas. 557, Judge Valliant, in speaking of this estate, said: “ ‘In an estate of the entirety, the husband and the wife during their joint lives each owns, not a part, or a separate or a separable interest, but the whole, and therefore the death of one leaves the other still holding the whole title as before, with no one to share it.’ “In Frost v. Frost, 200 Mo. [474] loc. c”
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.