38 Tenn. App. 238 - Greene v. Greene’s Empirical Analysis

Citation profile

11 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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is said that the source and underlying principle of all resulting trusts is the equitable theory of consideration. That theory is that the payment of a valuable consideration draws to it the beneficial ownership; that a trust follows or goes with the real consideration, or results to him from whom the consideration actually comes; that the owner of the money that pays for the property should be the owner of the property. Pomeroy’s Eq. Jur. (5th ed), secs. 981, 1031, 1037; 2 Lawrence on Eq.Jur. (1929 ed.), sec. 565.”

   2 later decisions quote this exact passage
   e.g. Smalling v. Terrell · Livesay v. Keaton

2. “It is elementary that a grantor, who by his deed conveys real estate to another person upon a valuable consideration, cannot claim that any trust resulted to himself from such conveyance or that his grantee took the title subject to any such trust. In Pomeroy’s Equity Jurisprudence (5th ed.), sec. 1036, p. 69, it is said: “If, therefore, there is in fact no consideration, but the deed recites a pecuniary consideration, even merely nominal, as paid by the grantee, this statement raises a conclusive presumption of an intention that the grantee is to take the beneficial estate, and destroys the possibility of a trust resulting to the grantor, and no extrinsic evidence would be admitted to contradict the recital, and to show that there is in fact no consideration, — except in a cause of fraud or mistake.””

   1 later decision quote this exact passage
   e.g. Latshaw v. Latshaw

3. “In order that this effect may be produced, however, it is absolutely indispensable that the payment should be actually made by the beneficiary ... or that an absolute obligation to pay should be incurred by him, as a part of the original transaction of purchase, at or before the time of the conveyance; no subsequent and entirely independent conduct, intervention, or payment on his part would raise any resulting trust. Pomeroy’s Eq. Jur. (5th ed), sec. 1037.”

   1 later decision quote this exact passage
   e.g. Livesay v. Keaton