Gray v. Leibert’s Empirical Analysis
1947
Citation profile
49 state decisions
How this case has been cited
Cited by 67 later decisions — most recently September 2018 · most notably Buchanan v. Brentwood Federal Savings & Loan Assoc. (1974), Chambers v. Chambers (1962)
49 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 Moffitt v. Moffitt · Kirk v. Ford Et Ux. · Fitzpatrick v. Fitzpatrick · Jourdan v. Andrews · Moyer v. Moyer
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 67 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A ‘constructive trust’ has been defined to be ‘a relationship with respect to property subjecting the person by whom the title to the property is held to an equitable duty to convey it to another on the ground that his acquisition or retention of the property is wrongful and that he would be unjustly enriched if he were permitted to retain the property. . . .’ ” (Emphasis added.)”
2 later decisions quote this exact passage““An express trust is created only if the settlor manifests an intention to create it, although the manifestation may be made by conduct as well as by words. A resulting trust arises where a person makes or causes to be made a disposition of property under circumstances which raise an inference that he does not intend that the person taking or holding the property should have the beneficial interest in the property. In other words, an express trust is created if it appears that there was an affirmative intention to create it; whereas in the case of a resulting trust the circumstances indicate the absence of an intention to give the beneficial interest to the person in whom the legal title to the property is vested”: 4 Scott on Trusts, §404.1, p. 2922 (2nd Ed.). “On the other hand, a constructive trust arises where a person holding title to property is subject to an equitable duty to convey it to another on the ground that he would be unjustly enriched if he were permitted to retain it. ... A constructive trust is not based upon the intention of the parties but is imposed in order to prevent one of them from being unjustly enriched at the expense of the other”: 4 Scott on Trusts, §462.1, page 3104 (2nd Ed.).”
1 later decision quote this exact passagee.g. Haftman Estate
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.