Anderson v. Baxter’s Empirical Analysis

Citation profile

1 federal appellate · 3 district · 20 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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Formerly a mortgage of real property was regarded as a conveyance of the legal title, subject, of course, to bo defeated by the performance of a condition, and this doctrine still prevails to some extent. Courts of equity, however, have always regarded a mortgage as a mere security for a debt, ami the foreclosure thereof as a proceeding to satisfy the debt secured thereby; and courts of law as well as courts of equity, in many of the states, have taken the same view; that is, that a mortgage was a mere lien or pledge, and that- the general title to the mortgaged property was in the mortgagor. In the language of one of the authorities, ‘ the mortgagee has neither a jus in re nor ad rent, but a specific lien, similar in character to a general lien created by a judgment upon the land of the judgment debtor.’ Gardner v Heartt, 3 Denio, 232 . However this may be, as a matter of strict law, I am satisfied that a suit to foreclose a mortgage is not for the determination of any right or claim to or interest in real property, but a proceeding to have the mortgaged property adjudged to bo soid to satisfy the debt secured thereby. In such a suit tile title to the mortgaged premises is in nowise drawn in question. The adjudication is merely as to the fact of the execution of the mortgage, the amount due thereon, and the sale of the property to satisfy the debt secured. It is the mere collection of a debt charged upon specific property by resorting to the property as a means of satisfyin”

   1 later decision quote this exact passage · from the majority
   e.g. McManness v. Paxson

2. ““If the absence of the mortgagors in this case prevented the statute of limitations from running, then the same result would have followed if the premises had been sold to defendant the next day after the execution of the mortgage, and he had gone into possession, and remained in possession thereof: and, in fact, the statute would never run so long as the mortgagors should remain away from the state.””

   1 later decision quote this exact passage · from the majority
   e.g. Simonson v. Nafis