Hogan v. Leeper’s Empirical Analysis
1913
Citation profile
34 state decisions
How this case has been cited
Cited by 34 later decisions — most recently March 1971 · most notably Link v. Link (1971), Mathews v. Sniggs (1919)
34 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 Barnes v. Lynch · Apache State Bank v. Daniels · Bethany Hospital Co. v. Philippi · Wat-Tah-Noh-Zhe v. Moore · Martin v. Martin
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The burden is always on the party alleging one or all of these grounds of cancellation to> prove them, or some of them, and some of the language of the court was not an accurate statement of the law; but a fair interpretation of his decision is that, when it was shown that Bailey was called to the office of a stranger tb him, suddenly presented with a deed of trust, and by his son and his son’s lawyer given the alternative of signing the instrument or having guardianship proceedings begun, and that he signed it with the statement, with tears in his eyes, that he was signing his life away, the plaintiff had made a prima facie case that must be met by proof on the part of the defendant. That this was the correct view is supported by natural reason as well as by several authorities cited above.””
1 later decision quote this exact passagee.g. Piekenbrock v. Smith““ ‘Whenever there exists between parties confidence on the one hand and influence on the other, from whatever cause they may spring, equity requires in all dealings between them the highest degree' of good faith on the part of him in whom the confidence is reposed. If a conveyance is executed by the other in his favor, the burden rests upon him to prove that it was not procured by means of such confidence and influence. It is Iris duty, before accepting the conveyance, to see that the grantor has disinterested advice and full information.’ McClure v. Lewis, 72 Mo. 314 . See, also, Parker v. Parker, 45 N. J. Eq. 224, 16 Atl. 537 ; Snyder v. Snyder, 131 Mich. 658 , 92 N. W. 353 .””
1 later decision quote this exact passagee.g. In Re Spann““He had no opportunity to reflect and had no opportunity to consult a lawyer of his own choosing. The fact that he had no opportunity for reflection and advice is a strong circumstance in the case.” (Citing authorities)”
1 later decision quote this exact passagee.g. Connelly v. Gaffaney
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.