You v. Flinn’s Empirical Analysis
1859
Citation profile
38 state decisions
How this case has been cited
Cited by 38 later decisions — most recently July 1966 · most notably Henderson v. Henderson (1923), Smith's v. Cockrell (1880)
38 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 Coster v. Lorillard · Seabury v. Doe ex dem. Stewart · Savage v. Walshe · Foote v. Colvin · Doe ex dem. Cook v. Webb
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 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Without further pointing out the particulars in which our statutes are less comprehensive than those of New York, we do not hesitate to declare that section 1306 [now section 3408] of the Code converts into legal estates in the beneficiary all titles and interests in lands, where the nominal title is vested in a naked or dry trustee—one who is not placed in possession, and who is required to perform no duties —and where the instrument creating- such nominal title declares a use, trust or confidence for another, to the same extent as if the deed or conveyance had been made directly to the beneficiary. On the other hand, it has no application to conveyances of either real or personal property, although the conveyance may declare that it is in trust for the use of the grantor or another; provided the trustee is charged with the control, management, or other active duties in regard to the trust fund. This latter class falls under section 1307 of the Code.””
1 later decision quote this exact passagee.g. Kidd v. Cruse““ No use, trust, or confidence can be declared of any land, or of any charge upon the same, for the mere benefit of third persons; and all assurances, declaring any such use, trust, or confidence, must be held and taken to vest the legal estate in the person or persons for whom the same is declared, and no trust or interest can vest thereby in any trustee.””
1 later decision quote this exact passagee.g. Pittman v. Corniff““ Nothing in the preceding section contained shall prevent the conveyance of real or personal property, or the issues, rents, and profits thereof, to another, in trust for the use of the grantor, or of a third person, or his family, or for any other lawful purpose; but in such case the legal title vests in the trustee.””
1 later decision quote this exact passagee.g. Pittman v. Corniff
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.