Public-domain · open source
OpenJurist
← 306 Ky. 87 - Fresh v. Dunakin

Fresh v. Dunakin’s Empirical Analysis

1947

Citation profile

4
cited by 4 later decisions
1
states following
March 2007
most recently cited

4 state decisions

Relationships

Relies on Moore v. Terry · Coy v. Pursifull · Cook v. Hagan · Reams v. Laurel County

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

  1. “Appellant’s statement of the rule substantially is correct, but is not sufficiently elaborate for our consideration of it in the light of the facts presented by this record. The rule perhaps is best stated in Moore, et al. v. Terry, et al., 293 Ky. 727 , 170 S.W.2d 29, 32 [ (1943) ], wherein, after citing authorities, the Court said: “These texts and authorities state the rule to be that a constructive trust is created by equity regardless of any actual or presumed intention of the parties to create a trust where the legal title to property is obtained through fraud, misrepresentation, concealment, undue influence or taking advantage of one’s weakness or necessities, or through similar means or circumstances rendering it unconscionable for the holder of the legal title to retain the property.””
    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.