Gibson v. Turner’s Empirical Analysis
1956
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently June 2017 · most notably United California Bank v. Prudential Insurance Co. of America (1983), Miles v. Martin (1959)
33 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 Waggoner Estate v. Sigler Oil Co. · Sheffield v. Hogg · Duhig v. Peavy-Moore Lumber Co. · Nye v. Bradford · Benge v. Scharbauer
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The covenant of general warranty in a lease does not warrant the title of the lessors. It warrants the title of the lessees. It is for this reason that there can be no breach of warranty unless and until there has been an actual or constructive eviction of the lessee. In 14 Am.Jur. 521, Covenants, Conditions and Restriction, Sec. 51, we find this statement of the nature of a covenant of general warranty: ‘The covenant of warranty is an agreement by the warrantor that upon the failure of the title which the deed purports to convey, either of the whole estate or part only, he will make compensation in money for the loss sustained. It is an assurance or guaranty of title. The obligation is not that the covenantor is the true owner or that he is seised in fee with the right to convey, but that he will defend and protect the covenantee against the rightful claims of all persons. ’”
1 later decision quote this exact passage · from the majoritye.g. Barfield v. Holland““All parties agree that the lease is unambiguous, and we also agree that there is no ambiguity in the lease; therefore, it is a question of the construction to be given to the lease. It must be given the legal effect resulting from a construction of the language contained within the four corners of the instrument. * * * ””
1 later decision quote this exact passage · from the majority““[T]he nature and purpose of such a covenant is for the indemnity of the purchaser against the loss or injury he may sustain by a failure or defect in the vendor’s title ... The warranty does not constitute a part of the conveyance nor strengthen or enlarge the title conveyed.””
1 later decision quote this exact passage · from the majority
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.