Mischel v. Austin’s Empirical Analysis

Citation profile

1 district · 10 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"A lender that takes a mortgage on real property as security for a debt foregoes its right to proceed initially against the mortgagor directly on the debt, but receives in return the added protection of an interest in the property.... If we were to adopt the reasoning of H & F and allow a mortgagee to proceed against the mortgagor directly on the debt, the protections afforded mortgagors by the anti-deficiency judgment statutes would be largely vitiated."”

   1 later decision quote this exact passage
   e.g. Borsheim v. Owan

2. “[w]here a promissory note is executed in conjunction with the taking of a mortgage, the provisions of the state's anti-deficiency statutes apply.”

   1 later decision quote this exact passage
   e.g. Borsheim v. Owan