Douglass v. Mounce’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"The facts show that the tax deed was recorded, but do they also show an adverse possession? * * * “Upon the delivery of the Lockhart deed, however, Carman came into constructive possession of the property through Lockhart’s tenant. Since he was entitled to the possession of the property by virtue of this deed, he is presumed to have taken possession in accordance with his rights under that conveyance. (Citations) An unlawful entry, adverse to himself, will not be presumed. (Citations) On the contrary, every presumption is in favor of possession in subordination to the title of the true owner. By operation of law, therefore, Carman became a co-tenant with the Rogers’ mineral interest owners, of whose interest he was apprised by their recorded deed. This situation is to be distinguished from that in which adverse possession is established before the acquisition of a deed from the record owner. Here, the original entry was not wrongful and no action accrued to the defendants at that time. Being a co-tenant, Carman’s possession of the property was constructively the possession of the other co-tenants. (Citation) Thus, to establish the necessary adverse character of his possession, some dis-seizin and ouster of the other co-tenants by Carman was necessary because the mere possession of a co-tenant, no matter how full and complete, is not adverse. “Prescriptive title by adverse possession is not established by inference. The burden of proving an ouster is on the person asserting t”

   1 later decision quote this exact passage · from the majority
   e.g. Myers v. Parkins

2. “It is a rule of almost universal acceptance that the severance of a mineral interest from the ownership of the surface estate creates a separate estate in those minerals. . . . The possession of the surface thereafter is not adverse to this separate mineral estate even when the surface owner also owns a portion of the minerals. This court has subscribed to that view.”

   1 later decision quote this exact passage · from the majority
   e.g. Sachs v. Board of Trustees