Graybill v. Lampman’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 factual findings of a judge are not entitled to the limited review afforded a jury verdict. While the findings are presumptively correct, the appellate court may examine all of the properly admissible evidence in the record. Due regard is given to the opportunity of the trial judge to assess the credibility of the witnesses, and our review does not entail re-weighing disputed evidence. Findings of fact will not be set aside unless they are clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed. In considering a trial court's factual findings, we assume that the evidence of the prevailing party below is true and give that party every reasonable inference that can fairly and reasonably be drawn from it. We do not substitute ourselves for the trial court as a finder of facts; instead, we defer to those findings unless they are unsupported by the record or erroneous as a matter of law. The district court's conclusions of law are reviewed de novo .”

   5 later decisions quote this exact passage
   e.g. Richard Osuch and Barbara D. Rivera v. David E. Gunnels and Linda M. Gunnels · Mantle v. N. Star Energy & Constr. LLC

2. “When there is no clear showing to the contrary, a person who has occupied the land for the statutory period, in a manner plainly indicating that he has acted as the owner thereof, is entitled to a presumption of adverse possession; and the burden shifts to the opposing party to explain such possession. However, if a claimant's use of the property is shown to be permissive, then he cannot acquire title by adverse possession.”

   3 later decisions quote this exact passage
   e.g. Richard Osuch and Barbara D. Rivera v. David E. Gunnels and Linda M. Gunnels · Galiher v. Johnson

3. “actual, open, notorious, exclusive and continuous possession of the disputed parcel which is hostile and under claim of right or color of title.”

   2 later decisions quote this exact passage
   e.g. Galiher v. Johnson · Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet