Gibbs v. Lester’s Empirical Analysis
1931
Citation profile
14 state decisions
How this case has been cited
Cited by 14 later decisions — most recently June 1985
14 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Cobb v. Robertson · Cavitt v. Amsler · Miller v. Gist · Stout v. Taul · Bigham v. Talbot & Cropper
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“One may also acquire a title by limitation, under the ten-year statute, by having peaceable and adverse possession of a tract of land described by an instrument of writing, properly recorded, cultivating, using, and enjoying the same for ten years. In order to stop the running of the statute of limitation, and interrupt the peaceable and adverse possession mentioned in the statute, the suit not only must be to recover “the estate,” but it must be an adverse suit. That is to say, a suit by some one claiming adversely to the person who, being in possession of the property, is claiming a title under the statute of limitations. Such a suit, as is mentioned in article 5514, must not only be “adverse” to the parties claiming the title under the statutes of limitation, that is, conflicting, antagonistic and hostile, to such person, but such suit must be duly prosecuted to final judgment, [citations omitted] While the limitation is interrupted by suit, an abandonment of the suit will have the same effect as if the suit had never been instituted.”
1 later decision quote this exact passage · from the majority““Where the character of legal proceedings is such that the law restrains one of the parties from exercising a legal remedy against another, the running of the statute of limitations applicable to the remedy is postponed, or, if it has com menced to run, is suspended, during the time the restraint incident to the proceeding continues.” “If a party commences legal proceedings, the character of which is such that the law restrained one of the parties from exercising the legal remedy against another, common justice demands that these legal proceedings being of such character, should not have the legal effect to protect the person who commenced them, and thereby prevent his adversary from exercising his legal remedy against him.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.