Madison v. Gordon’s Empirical Analysis

Citation profile

1 federal appellate · 27 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Actual possession, as distinguished from constructive possession, contemplates occupancy. It is notice because it is a fact which the purchaser must know and it puts him on inquiry concerning the claim of the possessor. What would make inquiry a duty in this case is such a visible state of things as is inconsistent with a perfect right of the Debtor to transfer good title at the commencement of the case. Inquiry would not be mandated by ambiguous or equivocal possession which may appear subservient or attributable to he holder of legal title because it is not sufficiently indicative of adverse ownership. The legal presumption that constructive possession is consistent with record title continues until it is shown that actual knowledge to the contrary was conveyed to the purchaser.”

   1 later decision quote this exact passage · from the majority
   e.g. Turoff v. Sheets (In Re Sheets)

2. “Status as a bona fide purchaser is an affirmative defense to a title dispute. A bona fide purchaser is not subject to certain claims or defenses. To receive this special protection, one must acquire property in good faith, for value, and without notice of any third-party claim or interest. Notice may be constructive or actual. Actual notice rests on personal information or knowledge. Constructive notice is notice the law imputes to a person not having personal information or knowledge.”

   1 later decision quote this exact passage · from the majority
   e.g. Bank of America v. Babu

3. “not the character of possession as would constitute constructive notice”); DeGuerin v. Jackson, 50 S.W.2d 443, 448 (Tex.Civ.App.-Texarkana 1932)(holding there was no”

   1 later decision quote this exact passage · from the majority
   e.g. Twentieth Century Land Corp. v. Landmark North Freeway, Ltd. (In Re Bill Heard Enterprises, Inc.)