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← 369 So. 2d 537 - Taylor v. Russell

369 So. 2d 537 - Taylor v. Russell’s Empirical Analysis

1979

Citation profile

7
cited by 7 later decisions
1
states following
August 2016
most recently cited

7 state decisions

How this case has been cited

Cited by 7 later decisions — most recently August 2016

7 state decisions

5019791980199020002010decided

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 Woodstock Iron Co. v. Fullenwider · White v. Williams · Mullan v. Bk. of Pasco Co. · 338 So. 2d 1243 - Duncan v. Johnson · Gindrat v. Western Railway

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

  1. “"We do not intend, however, to suggest that there are no circumstances where a widow can acquire title by holding adversely as against the husband's heirs. Where the widow gives up her dower rights, as by a release to the heirs, or other acts amounting to an unequivocal relinquishment of dower, and the legal owner receives notice of such fact, she can then establish an adverse holding and prove ownership under it according to the customary procedures and rules. . . . "As a prerequisite to the widow's possession becoming adverse against the heirs of her husband, it has been held that she must repudiate the title of her husband and disavow any claim to such title and give notice of the disavowal, and that notice of the disavowal must be brought home to the heirs. . . . A widow whose dower remains unassigned cannot acquire title by adverse possession as against the heirs simply by remaining in the possession of her husband's land. [Citations omitted.]”
    1 later decision quote this exact passage
  2. “As a prerequisite to the widow's possession becoming adverse against the heirs of her husband, it has been held that she must repudiate the title of her husband and disavow any claim to such title and give notice of the disavowal, and that notice of the disavowal must be brought home to the heirs. . . . A widow whose dower remains unassigned cannot acquire title by adverse possession as against the heirs simply by remaining in the possession of her husband's land. [Citations omitted.]”
    1 later decision quote this exact passage
  3. “"Admittedly, the law casts a heavy burden on one seeking to establish acquisition of a fee interest by a life tenant through adverse possession. Indeed, unless the evidence convinces the trial Judge that Mrs. Berry's possession converted from one in amity with the heirs to one of hostility, amounting to a repudiation of her husband's title and disavowal of her life interest therein with notice of such disavowal to the heirs, no finding of adverse possession can be made."”
    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.