Strother v. Lucas’s Empirical Analysis
37 U.S. 410 · 1838
Citation profile
17 federal appellate · 8 district · 22 state decisions
How this case has been cited
Cited by 106 later decisions (31 by the Supreme Court) — most recently May 2017 · most notably Adickes v. S. H. Kress & Co. (1970), Alaska Pacific Fisheries v. United States (1918)
17 federal appellate · 8 district · 22 state decisions — followed in 11 states
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 Leffee v. Irvine
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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The conqueror does no more than displace the sovereign, and assume dominion over the country. A cession of territory is never understood to be a: cession of the property of the inhabitants. The king cedes only that which belongs to him. Lands he had previously granted were not his to cede. * * * No construction of a treaty which would impair that security to private property which the laws and usages of nations would, without express stipulation, have conferred, would seem to be admissible further than its positive words require.””
2 later decisions quote this exact passage · from the majority““ * * * This court has defined property to be any right, legal or equitable, inceptive, inchoate or perfect, which before the treaty with France in 1803, or- with Spain in 1819, had so attached to any piece or tract of land, great or small, as to affect the conscience of the former sovereign ‘with a trust’, and make him a trustee for an individual, according to the law of nations, of the sovereign himself, the local usage or custom of the colony or district, according to the principles of justice and rules of equity. * * * ””
2 later decisions quote this exact passage · from the majority““ * * * This court has also Uniformly held that the' term ‘grant’ comprehends not only those which are made in form, but also any concession, warrant, order, or permission to survey, possess or settle, whether evidenced by writing or parol, or presumed from possession. * * * ””
2 later decisions quote this exact passage · from the majority
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.