Marshall v. Amos’s Empirical Analysis
1956
Citation profile
6 federal appellate · 6 state decisions
How this case has been cited
Cited by 13 later decisions — most recently August 1972
6 federal appellate · 6 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 Hayden v. Dannenberg · Farmers' State Bank of Ada v. Keen · Finley Lollar v. Dean · Jewell v. Allen · Parsons v. Crawford
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.
““Resulting trusts are those which arise where the legal estate in property is disposed of, conveyed, or transferred, but the intent appears or is inferred from the terms of the disposition, or from accompanying facts and circumstances that the beneficial interest is not to go to or be enjoyed with the legal title. In such case, a trust is implied or results in favor of the person for whom the equitable interest is assumed to have been intended, and whom equity deems to be the real owner.” “ * * * (T)he onus of establishing a resulting trust rests upon him who seeks its enforcement, and before a court of equity will be warranted in making a decree therefor, the evidence must be clear, unequivocal, and decisive.””
1 later decision quote this exact passagee.g. Perdue v. Hartman““ ‘But the general rule is that a mere preponderance of the evidence is not sufficient to establish a constructive trust, but that it must be established by evidence which is clear, definite, unequivocal and satisfactory, or such as to lead to but one conclusion, or as to leave no reasonable doubt as to the existence of the trust. * * * ’ ””
1 later decision quote this exact passagee.g. Barry v. Frizzell““ ‘ * * ⅜ When the evidence is doubtful and not clear and satisfactory, or is capable of reasonable explanation on any theory other than that of the existence of an implied or resulting trust such trust will not be held sufficiently established to e-ntitle the beneficiary to a decree declaring and enforcing it. * * *”
1 later decision quote this exact passagee.g. Barry v. Frizzell
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.