Freutel v. Schmitz’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A mortgage is security for a debt and without a debt it has no effect as a lipn. [Citations.] A mortgage may be taken to secure future advances, but it can only take effect as a lien from the time some debt or liability secured by it is created. If there is no mortgage debt or obligation in existence there is nothing for the mortgage to operate on, and the lien begins only when money is advanced or the contemplated debt comes into existence in the course of dealing between the parties. The lien is measured by the extent of the advances and the amount of the debt. [Citations.]” (Emphasis added.) (Freutel v. Schmitz (1921), 299 Ill. 320, 323 , 132 N.E. 534, 535 . See also Collins v. Carlile (1851), 13 Ill. 254 .)”

   1 later decision quote this exact passage · from the majority
   e.g. 136 Ill. App. 3d 537 - Peterson Bank v. Langendorf