369 So. 2d 531 - Trauner v. Lowrey’s Empirical Analysis
1979
Citation profile
3 federal appellate · 25 state decisions
How this case has been cited
Cited by 39 later decisions — most recently February 2018 · most notably Jim Walter Homes, Inc. v. Saylors (1989), 398 So. 2d 258 - First Nat. Bank v. Gilbert Imported Hardwoods, Inc. (1981)
3 federal appellate · 25 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 Chapman v. Abrahams · Moorer v. Tensaw Land & Timber Co. · Upchurch v. West · McKleroy v. Dishman · Jones v. Butler
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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[e]xecution of a mortgage passes legal title to the mortgagee. The mortgagor is left with an equity of redemption, but upon payment of the debt, legal title revests in the mortgagor.”
8 later decisions quote this exact passage““In McKleroy v. Dishman, 225 Ala. 131, 134 , 142 So. 41, 43 (1932), with regard to a mortgagor’s grantee taking subject to the mortgage, this Court stated: The grantee would take only the equity of redemption, with the right, at his option, to protect his estate by a removal of the mortgage incumbrance. The grantors would remain the sole debtors to the mortgagee; but, if required to pay same, the estate of the mortgagee would revest in them. The grantee of the equity of redemption only could not take a complete unin-cumbered estate without paying the mortgage debt to whom it inured. ... Clearly, the conveyance from Maddox to Eastland was made subject to the Hackmeyer mortgage. As a result of this conveyance Eastland received an equity of redemption which was all that Maddox had to convey. As grantee, Eastland incurred no personal obligation to pay the mortgage, but he had the privilege to do so to protect his interest in the property.””
1 later decision quote this exact passage““In a conveyance made subject to a mortgage, ‘the mortgagor has no obligation to the transferee to pay [the mortgage debt] for the purpose of relieving the land in the hands of the transferee.’ 4 American Law of Property § 16.127 (A.J. Casner ed. 1952). Therefore, Maddox owed Eastland no duty to pay the mortgage debt. As language in McKleroy, supra, suggests, one who takes subject to a mortgage must pay the debt himself in order to take an unencumbered title.””
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.