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← 362 Mo. 19 - Godwin v. Gerling

Godwin v. Gerling’s Empirical Analysis

1951

Citation profile

24
cited by 24 later decisions
3
states following
October 2014
most recently cited

18 state decisions

How this case has been cited

Cited by 24 later decisions — most recently October 2014

18 state decisions

801951196019701980199020002010decided

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 Boone v. Lightner · Ebert v. Poston · Hoffman v. Charlestown Five Cents Savings Bank · Houtz v. Hellman · Hendricks v. Calloway

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

  1. “Irene, knew as late as April 1951 that Irene did not actually know her property had been sold at sheriff's sale. Defendant Norma constructively knew the property had been sold by the sheriff for $175, yet, in October, Norma undertook to buy the property for the sum of $4,500. We observe that Benson and Dralle (who were the actual purchasers from the successful bidder at the sheriff's sale and who are now the actual owners and holders of the note secured by the Morgan deed of trust) had instituted an action through their straw party, plaintiff, in whose petition it was alleged, in effect, that Irene Moore claimed some interest in the property. We also observe defendant Norma Morgan (and her husband, defendant Charles) had entered into a contract to purchase the property from Benson and Dralle, yet Norma acquired title from another, a straw party, who, as stated, conveyed by quitclaim deed. It has been said that real estate transactions "made through straw men and ghosts should always be viewed with suspicion.”
    1 later decision quote this exact passage
  2. ““It is the rule that a court of equity will not aid one who comes into court with unclean hands. * * A court of equity will look into the very spirit of the transaction involved and decide for itself whether a cause, otherwise meritorious, is based on such a dishonest purpose as to justify a refusal to entertain a suit involving such a transaction. * * * But misconduct which will bar an action in equity does not necessarily need to be fraudulent, it is enough that the party seeking relief has been guilty of inequitable conduct in the very matter about which affirmative relief is sought.” Moore v. Carter, supra [ 356 Mo. 351 , 201 S.W. 2d 929 ] ; Godwin v. Gerling, supra.”
    1 later decision quote this exact passage
  3. “No such instrument in writing shall be valid, except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the recorder for record.”
    1 later decision quote this exact passage

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.