Cook v. Daniels’s Empirical Analysis

Citation profile

9 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““On the contrary, these facts show there could be no estoppel. The applicable principle is that ‘where one is bound by an estoppel his heirs are also bound to the extent that the estoppel was enforceable against the ancestor on the ground that the heir stands in privity with the ancestor’; but ‘where the heir claims title to the property by purchase, and not by descent, a warranty will not create an estoppel as against such an heir.’ Thompson on Real Property, Sec. 2526; 31 C.J.S. Estoppel § 53, p. 230; 26A C.J.S. Descent & Distribution § 126, p. 831; 16 Am.Jur. 801, sec. 33; 19 Am.Jur. 812, sec. 155; Oliver v. Piatt, 3 How. 333, 412 , 11 L.Ed. 622, 658 ; McSwain v. Griffin, 218 Miss. 517 , 67 So.2d 479 . In the Oliver case Justice Story said: ‘Another objection taken at the argument is, that Baum’s heirs cannot insist upon any title to the property in question because they are bound by the warranty of their ancestor in the conveyance thereof to Oliver. But this objection has no foundation whatsoever in law, whether the warranty be lineal or collateral; for the heirs here do not claim any title to the property by descent, but simply by purchase; and it is only to cases of descent that the doctrine of warranty applies.’ ” And: “We hold this deed was not testamentary and that it was a valid conveyance of a life estate .to the grantee with remainder in fee simple to the heirs of her body, reserving a life estate to the grantor. See Mattingly v. Washburn, 355 Mo. 471 , 196 S.W.2d”

   1 later decision quote this exact passage
   e.g. Gray v. Stillman