Bradbury v. Johnson’s Empirical Analysis

Citation profile

2 district · 2 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To entitle the plaintiffs to maintain the action, they must prove title in themselves. Por this purpose the copy of the register is relied upon. The registry acts are considered as institutions purely local and municipal, for purposes of public policy. The register, therefore, is not, of itself, evidence of property, except so far as it is confirmed by some auxiliary circumstance, showing that it was made by the authority or assent of the person named in it, and who is sought to be charged as owner. Without such connecting proof the register has been held not to be even prima facie evidence to charge a person as owner; and even with such proof it is not conclusive evidence of ownership; for an equitable title in one person may well consist with the documentary title, at the custom house, in another. Where the question of ownership is merely incidental, the register alone has been deemed sufficient, prima facie, evidence. But in favor of the person claiming as owner, it is no evidence at all, being nothing more than his declaration. 1 Greenl. Ev., § 494; Tinkler v. Walpole, 14 East 226; Frazer v. Hopkins, 2 Taunt. 5; McIver v. Huble, 16 East 169; 1 Starkie’s Ev., part 2, § 53; 1 Phil., Ev., 411. “But though the production of the register or certificate, in which his name is omitted, is conclusive to negative the interest of .the assured, yet its production with the name inserted, is not, in itself, without more, even prima facie of his title. Arnold on Ins., 1327. “The regist”

   1 later decision quote this exact passage
   e.g. American Packing Co. v. Luketa