McRae v. Pope’s Empirical Analysis

Citation profile

1 district · 25 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The case therefore, in so far as Pope stands, is that he assumed and agreed to pay the mortgage, with the result that, as between him and the plaintiffs he became the principal debtor, and the plaintiffs became sureties. The plaintiffs were not only entitled to have the land freed from the lien of the mortgage, but they could also enforce Pope’s promise to pay the mortgage note and discharge them from any liability upon indebtedness. Lynn Five Cents Savings Bank v. Portnoy, 306 Mass. 436, 438 , 28 N.E.2d 418 , and cases cited. As between Pope and the plaintiffs the burden of the mortgage was thrown on the parcel conveyed to him to the exoneration of the land that was retained by the plaintiffs. Costa v. Sardinha, 265 Mass., 319, 321 , 163 N.E. 887 , and cases cited. * * * In the case at bar, the plaintiffs have already paid the mortgage debt, and here seek to recover the amount so paid. They are entitled to recover. Lappen v. Gill,- 129 Mass. 349, 350 . The measure of damages is the amount of the mortgage debt that Pope should have paid. Furnas v. Durgin, 119 Mass. 500, 506, 507 , 20 AmJEtep. 341.” • #•###”

   1 later decision quote this exact passage
   e.g. Sanders v. Lackey

2. ““As the case stands against Mrs. Pope, she was the assignee of a mortgage that covered not only the land owned by the Plaintiffs, but also the, parcel that had been conveyed by them to her son as she well knew. As between the Plaintiffs and her, the former were liable to her on the mortgage note, the security of which comprised both parcels of land. The burden of the mortgage rested upon all of the land, and Mrs. Pope attempted, by her partial release to her son, to cast the entire burden upon the Plaintiffs, and, by so doing, to deprive them of the benefit of a portion of the security. This she cannot do in disregard of the [equity] of the case which requires that she must abate such proportionate part of the mortgage debt as is necessary to protect the Plaintiffs.” (Citations omitted.)”

   1 later decision quote this exact passage
   e.g. Zablocki v. Irwin