37 N.C. App. 388 - Phillips v. Phillips’s Empirical Analysis
1978
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently March 2019
10 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 Brown v. Boger · 31 N.C. App. 174 - Stanback v. Stanback · State v. Cody · Fisher v. Toxaway Co.
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.
“A tenant in common is entitled, as a matter of right, to a partition in kind if it can be accomplished equitably. That is to say, partitioned in kind is favored over sale of the land for division, and the burden is upon those opposing a partition in kind to establish the necessity of a sale. G.S. 46-22 allows the court to order a sale where it is proven that actual partition cannot be had without injury to some or all of the cotenants. Injury to a cotenant means “substantial injustice or material impairment of his rights or position, such that it would be unconscionable to require him to submit to actual partition.” The test of such injury is whether the value of each cotenant’s share upon actual partition would be materially less than the monetary share of each that could probably be obtained from a sale of the whole. Whether there should be a partition in kind or a partition by sale is to be determined on the facts of each case. [Emphasis in original.]”
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.