Klenk v. Knoble’s Empirical Analysis

Citation profile

2 federal appellate · 3 district · 16 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The defendant retained his dwelling house, and a considerable amount of ground with it; seventy-five feet in front, running back one hundred and forty feet, to an alley. What he cut off constituted no part of his actual residence, although occasionally used for family convenience. The brewery-house and cellar had not been built with a view to domestic convenience.... It is to be observed that the Constitution does not limit the minimum extent of the lot. The resident may make his homestead as small as he pleases, provided it be not so contracted as to show an intent to evade law, by making it too small for actual use as a homestead.... [T]here is nothing in the policy of the Constitution to prevent the owner from utilizing other portions of his property as a basis of credit— although he might, if so disposed, have held it all against execution. His design so to separate it, may be as fairly inferred from acts and circumstances, as was his original design to invest it with the homestead character.”

   1 later decision quote this exact passage
   e.g. In re Evans

2. ““Actual residence is a palpable thing of which everyone must take notice, and any attempt by a lender to take, or a bozvrower to give, a mortgage on an actual residence, must of necessity be an effort to evade the constitutional policy. It would be mere child’s play to enable the lender to neutralize that, by exacting from the borrower a statement in the instrument, denying the character of the property, and then closing his mouth by an estoppel.””

   1 later decision quote this exact passage
   e.g. State Ex Rel. Grigsby v. Stokes

3. ““Hereafter the homestead of any resident of this state who is a married man or head of a family shall not be incumbered in any manner while owned by him, except for taxes, laborers’ and mechanics’ liens and securities for the purchase money thereof.””

   1 later decision quote this exact passage
   e.g. Hill v. Hill