Kennedy v. Henley’s Empirical Analysis
1975
Citation profile
28 state decisions
How this case has been cited
Cited by 30 later decisions — most recently August 2018 · most notably Philpot v. State (2002), 439 So. 2d 4 - Hines v. Heisler (1983)
28 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 Bear v. Bernstein · Virgin v. Garrett · Springdale Gayfer's Store Co. v. DH Holmes Co., Ltd. · Dunn v. Bank of Mobile · Lietz v. Pfuehler
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" 'Restrictive covenants are to be construed according to the intent of the parties in the light of the terms of the restriction and surrounding circumstances known to the parties. [ Virgin v. Garrett , 233 Ala. 34 , 169 So. 711 (1936) ; Chattahoochie & Gulf Railway Co. v. Pilcher , 163 Ala. 401 , 51 So. 11 (1909).] " 'Restrictions against the free use and enjoyment of property are not favored in law and such restrictions are to be strictly construed. [ Springdale Gayfer's Store Co. v. D.H. Holmes Co. , 281 Ala. 267 , 201 So.2d 855 (1967) ; Bear v. Bernstein , 251 Ala. 230 , 36 So.2d 483 (1948) ; Virgin v. Garrett , supra . ]' "”
2 later decisions quote this exact passage““Where the language of the restriction is clear and unambiguous, it will, of course, be given its manifest meaning, but its construction will not be extended by implication or include anything not plainly prohibited and all doubts and ambiguities must be resolved against the party seeking enforcement. Bear v. Bernstein, 251 Ala. 230 , 36 So.2d 483 (1948); Springdale Gayfer’s Store Co., Inc. v. D.H. Holmes Co., Ltd., 281 Ala. 267 , 201 So.2d 855 (1967). Restrictions against the free use and enjoyment of property are not favored in law and such restrictions are to be strictly construed. Kennedy v. Henley, 293 Ala. 657 , 309 So.2d 435 (1975).””
1 later decision quote this exact passagee.g. Waldrop v. Welch“[w]here the language in a deed is plain and certain, acts and declarations of the parties cannot be resorted to to aid a construction.”
1 later decision quote this exact passagee.g. Philpot v. State
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.