Ewing Et Ex. v. Ewing’s Empirical Analysis

Citation profile

23 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The term ‘fiduciary or confidential relation,’ as used in this connection, is a very broad one. It has been said that it exists, and that relief is granted, in all cases in which influence has been acquired and abused, in which confidence has been reposed and betrayed. The origin of the confidence and the source of the influence are immaterial. The rule embraces both technical fiduciary relations and those informal relations which exist whenever one man trusts in and relies upon another. The only question is, Does such a relation in fact exist?” ,”

   1 later decision quote this exact passage
   e.g. Posey v. Brixey

2. ““The fraud of which Moore was guilty was in preventing the conveyance to himself, which would have inured to Monroe, and in obtaining it to his wife, so as to reap the benefit which belonged to his grantee. Mrs. Moore stands in her husband’s shoes, and by accepting, with knowledge, is to be treated as a party to his fraud and profiting by it, or as a mere volunteer assisting him to perpetrate the fraud and to profit by it, and is hence to be held, as bo. could have been, a trustee, ex maleficio.””

   1 later decision quote this exact passage
   e.g. Jones v. Brown

3. ““The forms and varieties of these trusts which are termed ex maleficio or ex delicto are practically without limit. The principle is applied wherever it is necessary for the obtaining of complete justice.””

   1 later decision quote this exact passage
   e.g. Bryant v. Mahan