Walker v. Hoffman’s Empirical Analysis

Citation profile

9 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘There is another reason why the demurrer was properly overruled. It must be remembered that the plaintiff alleged possession of the premises. In a well-known text, (Cyc. vol. 37, p. 1505), under the subject “Taxation and Tax Titles,” directly on the point at issue, it is said: “ ‘So long as the original owner of land which has been sold for taxes remains in undisturbed possession of it, the statute of limitations does not run ■against him or prevent the maintenance ■of a suit to set aside the tax sale or •remove the cloud on his title.’ ‘The above text is supported by citation 'of authorities from nearly all the states, ■among them being the case of Cadman v. Smith, 15 Okl. 633 , 85 P. 347 . ****** ‘A recent case supporting the above rule is Electrolytic Copper Co. v. Rambler Conso. Mines Corp., 34 Wyo. 304 , 243 P. 126 , in which the court said: “ ‘In Baldwin v. Merriam supra [ 16 Neb. 199 , 20 N.W. 250 ], the Nebraska court considered a statute like that of Iowa, C.S. Neb. 1881, p. 425 § 134. the court said: "Even if the (tax) deeds had been valid on their face, the statute would not commence to run m favor of the holder until he took possession. A party in actual possession of real estate cannot be ousted from such possession or his title divested by merely recording a tax deed of which he may not be aware and under which nothing is claimed. If a party claims under a tax deed and invokes the aid of the special statute of limitations, he must bring himself within the rule ”

   1 later decision quote this exact passage
   e.g. Adams v. Parks

2. ““Actions for the recovery of real property, or for the determination of any adverse right or interest therein, can only be brought within the periods hereinafter prescribed, after the cause of action shall have accrued, and at no other time thereafter; * * * * * (3) An action for the recovery of real property sold for taxes, within five (5) years after the date of the recording of the tax deed. * * * * * (6) Numbered paragraphs 1, 2, and 3 shall be fully operative regardless of whether the deed or judgment or the precedent action or proceeding upon which such deed or judgment is based is void or voidable in whole or in part, for any reason, jurisdictional or otherwise; provided that this paragraph shall not be applied so as to bar causes of action which have heretofore accrued, until the expiration of one (1) year from and after its effective date.””

   1 later decision quote this exact passage
   e.g. Christie-Stewart, Inc. v. Paschall