Cathcart v. Malone’s Empirical Analysis
1950
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2018
13 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 Jutte v. . Hughes · Argotsinger v. . Vines · Foote v. Merrill · Warrior Coal & Coke Co. v. Mabel Mining Co. · 1 Tenn. App. 175 - Pepper v. Gainesboro Telephone Co.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘A tree standing on the division line between adjoining proprietors, so that the line passes through the trunk or body of the tree above the surface of the soil, is the common property of both proprietors as tenants in common. This is another instance where the maxim, “he who owns land owns to the sky above it,” is qualified and made to give way to a rule of convenience more just and equitable, and more beneficial to both parties. To hold in such case that each is the absolute owner of that part of the tree standing on or over his own land would lead to a mode of division of the tree when cut that would be impracticable and would give the right to one to hew down his part of the tree to the line, and thereby destroy the part belonging to the other. The rule is there fore settled that in such case, the parties are tenants in common. “ ‘A landowner who cuts or destroys a tree growing on the boundary line without the consent of the adjoining owner is liable in trespass to the latter for such injury for although, ordinarily, trespass will not lie by one tenant in common against his cotenant, yet when one tenant in common destroys the subject of the tenancy, trespass will lie at the suit of the injured party.’ ””
1 later decision quote this exact passagee.g. Young v. Ledford“The trees in question as shown by the proof and especially the exhibits filed were on the line, partly on property of each of the parties .”
1 later decision quote this exact passagee.g. Love v. Bishop
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.