Allen v. Duvall’s Empirical Analysis
1984
Citation profile
41 state decisions
How this case has been cited
Cited by 43 later decisions — most recently December 2016 · most notably 161 N.C. App. 20 - Broughton v. McClatchy Newspapers, Inc. (2003), Binkley v. Rabon Creek Watershed Conservation District (2001)
41 state decisions
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 North Carolina Self Help Corp. v. Brinkley · Hensley v. Ramsey · Thompson v. . Umberger · Borders v. Yarbrough · Yount v. Lowe
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““When an easement is created by deed, either by express grant or by reservation, the description thereof ‘must either be certain in itself or capable of being reduced to a certainty by a recurrence to something extrinsic to which it refers.... There must be language in the deed sufficient to serve as a pointer or a guide to the ascertainment of the location of the land.’ Thompson v. Umberger, 221 N.C. 178, 180 , 19 S.E.2d 484, 485 (1942).” (Emphasis in original; citations omitted).”
4 later decisions quote this exact passage“[W]here the grant of an easement of way does not definitely locate it, it has been consistently held that a reasonable and convenient way for all parties is thereby implied, in view of all the circumstances[.] ... It is a settled rule that where there is no express agreement with respect to the location of a way granted but not located, the practical location and user of a reasonable way by the grantee, acquiesced in by the grantor or owner of the servient estate, sufficiently locates the way, which will be deemed to be that which was intended by the grant.”
3 later decisions quote this exact passage“[w]hen an easement is created by deed, either by express grant or by reservation, the description thereof “must either be certain in itself or capable of being reduced to a certainty by a recurrence to something extrinsic to which it refers. . . . There must be language in the deed sufficient to serve as a pointer or a guide to the ascertainment of the location of the land.” [Citations omitted.] It is to be stressed that an alleged grant or reservation of an easement will be void and ineffectual only when there is such an uncertainty appearing on the face of the instrument itself that the court — reading the language in the light of all the facts and circumstances referred to in the instrument — is yet unable to derive therefrom the intention of the parties as to what land was to be conveyed. [Citation omitted.]”
2 later decisions 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.