Stracka v. Peterson’s Empirical Analysis
1985
Citation profile
28 state decisions
How this case has been cited
Cited by 28 later decisions — most recently August 2015 · most notably National Bank of Harvey v. International Harvester Co. (1988), Fox v. Fox (2001)
28 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 Anderson v. City of Bessemer City · In Re Estate of Elmer · Renner v. Crisman · Beck v. Lind · Miller v. Schwartz
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“We have stated that the words “subject to” are generally terms of qualification meaning “subordinate to”, “subservient to”, “limited by”, or “charged with”. These words connote a limitation on a grantor’s warranty and not a reservation of rights. This interpretation of the words “subject to” is the generally accepted view and is properly adhered to by the trial court in the instant case. We conclude that the words “subject to” in the Monson-Dwyer deed do not act as words of reservation.”
1 later decision quote this exact passage“A .choice between two permissible views of the evidence is not clearly erroneous when the trial court’s findings are based either on physical or documentary evidence, or inferences from other facts, or on credibility determinations. Anderson v. City of Bessemer City, N.C., 470 U.S. [564], 105 S.Ct. 1504 , 84 L.Ed.2d 518 (1985). Prior decisions of this Court to the contrary are to be disregarded.”
1 later decision quote this exact passage“A special warranty deed warrants title only against claims held by, through, or under the grantor, or against encumbrances made or suffered by her, and it cannot be held to warrant title generally against all persons. Therefore, under a special warranty deed a grantor is liable if the grantee’s ownership is disturbed by some claim arising through an act of the grantor.”
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.