Alt v. Banholzer’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The point is made by the defendant that the plaintiff [grantee], therefore, acquired only the equity of redemption in the land by such conveyance, and that she has no rights to claim any greater interest therein. Jf such is the character of the deed, and it does not seem to be questioned by the plaintiff, we think the point well taken. It was entirely competent for the parties to so limit the effect of the conveyance, and to recognize and provide for the payment of the debt, for which the grantor was personally liable, so that, if required to pay the same, he might, in equity, have recourse against the land for his indemnity. The effect of such a conveyance is to make the land a primary fund for the payment of the debt, and to place the mortgagor in the situation of surety therefor only. Johnson v. Zink, 51 N. Y. 336 , and cases cited. So the grantee of land, subject to a usurious mortgage which is absolutely void, cannot question its validity. ‘He must pay it if he has agreed to; and, if not, he must allow the lands conveyed subject to it to be applied to its payment’ ’’ — citing authorities.”

   1 later decision quote this exact passage
   e.g. Rice-Stix Dry Goods Co. v. First Nat. Bank of McGregor