294 So. 2d 518 - Hibbert v. Mudd’s Empirical Analysis
1974
Citation profile
1 federal appellate · 12 state decisions
How this case has been cited
Cited by 14 later decisions — most recently December 2014
1 federal appellate · 12 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 Melancon v. Texas Company · Murray v. Barnhart · Bollinger v. Texas Company · Brown v. Sugar Creek Syndicate · Pipes v. Payne
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`We have previously indicated that the claimants herein were issue of miscegenous and adulterous unions. At best, they were irregular heirs. Unlike regular heirs who enjoy seizin, and who succeed to ownership of the decedent's estate at the moment of death without benefit of formal proceedings (Article 944 C.C.), the doctrine `Le mort saisit le vif' does not apply to irregular heirs. Succession of Barber, 52 La.Ann. 960 , 27 So. 363 (1900); Glenn v. West, 151 La. 522 , 92 So. 43 (1922); Succession of Giordano, 188 La. 1057 , 178 So. 627 (1938); Wimberly v. King, 179 So. 515 (La.App. 1938). ` An irregular heir has only a right of action to have himself placed in possession. Such an heir owns no interest in the property until contradictory proceedings are filed with other irregular heirs or claimants and a judgment secured recognizing him as owner. Article 949 Civil Code; Succession of Allen, 44 La. Ann. 801 ; 11 So. 42 (1892); Glenn v. West, 151 La. 522 , 92 So. 43 (1922); Succession of Giordano, 188 La. 1057 , 178 So. 627 (1938).' (emphasis added)”
2 later decisions quote this exact passage“"`Our jurisprudence has developed the rule that failure to pay production royalties under an oil and gas lease for any appreciable length of time without justification amounts to an active breach of such lease which entitles the lessor to a cancellation thereof without the necessity of placing the lessee in formal default. (Cases omitted) `However, in cases where the failure to pay production royalties is justified under the facts and circumstances, the breach is considered passive, requiring a putting in default. (Cases omitted)' No precise or exact period of time is considered either reasonable or without justification insofar as application of this rule is concerned. However, implicit in the above decisions is that, in determining whether payment of production royalties has been unjustifiably withheld, the courts must examine the facts and circumstances of each case...."”
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.