Public-domain · open source
OpenJurist
← 310 N.C. 707 - Swindell v. Overton

Swindell v. Overton’s Empirical Analysis

1984

Citation profile

30
cited by 30 later decisions
5
states following
February 2019
most recently cited

2 federal appellate · 26 state decisions

How this case has been cited

Cited by 30 later decisions — most recently February 2019 · most notably 103 Wash. 2d 383 - Cox v. Helenius (1985), 70 N.C. App. 627 - Estrada v. Jaques (1984)

2 federal appellate · 26 state decisions

1401984199020002010decided

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 Mills v. . Building Loan Assn. · Foust v. Gate City Savings & Loan Ass'n · Weir v. . Weir · Davis v. . Doggett · Roberson v. . Matthews

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

  1. “[I]t is the materiality of the irregularity in such a sale, not mere inadequacy of the purchase price, which is determinative of a decision in equity to set the sale aside. Where an irregularity is first alleged, gross inadequacy of purchase price may then be considered on the question of the materiality of the irregularity. Where inadequacy of purchase price is necessary to establish the materiality of the irregularity, it must also appear that the irregularity or unusual circumstance caused the inadequacy of price.”
    4 later decisions quote this exact passage
  2. “The Credles [the subsequent purchasers] claim the status of “bona fide purchasers for value without any notice of irregularity.” The advertisement of sale itself disclosed separate debts secured by two separate deeds of trust on two separate tracts of land. We hold that the purchasers had notice of the significant defect in the proceeding.”
    1 later decision quote this exact passage
  3. “The trustee is bound by his office to present the sale under every possible advantage to the debtor as well as to the creditor. He is bound to use not only good faith but also every requisite degree of diligence in conducting the sale and to attend equally to the interest of the debtor and creditor alike.”
    1 later decision quote this exact passage

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.