Pearson v. Baker’s Empirical Analysis

Citation profile

2 federal appellate · 3 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““First. In the general, distance yields to course, or, in the absence of any ■circumstance bringing the mind to a contrary conclusion, the courses shall be first pursued, contracting or extending the distances, as the case, may require, to make the survey close. [Bryan v. Beckley] Litt. Sel. Cas. 91. “Second. The beginning corner in the plat or certificate of survey is of no higher dignity or importance than any other corner of the survey. Beckley v. Bryan, Ky. Dec. 91; 1 Pirtle’s Digest, 114. “Third. The order in which the surveyor gives the lines and corners in his certificate of survey is of no importance to find the true position of the survey. Reversing the courses is as lawful and persuasive as following the order of the certificate. [Thornberry v. Churchill] 4 T. B. Mon. 32 [ 16 Am. Dec. 125 ], “Fourth. That construction is to prevail which is most against the party claiming under an uncertain survey. It is his duty to show and establish his corners. Preston’s Heirs v. Bowmar, 2 Bibb, 493 . From which it will follow that he who sets up and relies on an outstanding claim must show that it embraces the land in contest, and should not succeed by using it, when it is uncertain whether it embraces it or not.””

   1 later decision quote this exact passage · from the majority
   e.g. Bramblet v. Davis