Grignon's Lessee v. Astor’s Empirical Analysis

Citation profile

36 federal appellate · 21 district · 114 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 273 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At the trial numerous questions of evidence arose, and many instructions wore asked of the court, to whose opinion the plaintiffs excepted, but we do not deem it necessary to notice them in detail, as, in our opinion, the whole merits of the controversy depend on one single question: had the county court of Brown county jurisdiction of the subject on which they acted? The power to hear and determine a cause is jurisdiction. It is coram judlce whenever a case is presented which brings this power into action. 0 0 If the law confers the power to render a judgment or decree, then the court has jurisdiction. 0 0 * * But on a proceeding to sell the real estate of an indebted estate there are no adversary parties. The proceeding is in rem — -the administrator represents the land; they are analogous to proceedings in the admiralty, where the only question of jurisdiction is the power of the court over the thing- — the subject-matter before them — without regard to the persons who may have an interest in it. All the world are parties. In the orphans’ court, and in all courts who have the power to sell the estates of intestates, their action operates on the estate, not on the heirs of the intestate, The purchaser claims, not their title, but one paramount. 11 S. & R. 426. The estate passes to him by operation of law. 11 S. & R. 428. The sale is a proceeding in ram, to which all. claiming under the intestate are parties, (11 S. & R. 429,) which directs the title of the deceased. 11 S. ”

   10 later decisions quote this exact passage · from the majority
   e.g. Davis v. Gaines · McArthur v. Allen

2. ““But though the order of the court sets forth no facts on which it was founded, the license to the administrator is full and explicit showing what was considered and adjudicated on the petition and evidence, and that every requisition of the law had been complied with before the order was made, by proof of the existence of all the facts on which the power to make it depended.””

   3 later decisions quote this exact passage · from the majority
   e.g. Richardson v. Carr · Howard v. Duncan

3. ““ In cases in personam, where there are adverse parties, the court must have power over the subject-matter and the parties; but on a proceeding to sell the real estate of an indebted intestate, there are no adversary parties, the proceeding is in rem, the administrator represents the land (11 S. and B. 432); they are analogous to proceedings in the admiralty, where the only question of jurisdiction is the power of the court over the thing, the subject-matter before them, without regard to the persons who may have an interest in it; all the world are parties. In the orphans’ court, and all courts who have power to sell the estates of intestates, their action operates on the estate, not on the heirs of the intestate; a purchaser claims, not their title, but one paramount. 11 S. and B. 42G. The estate passes to him by operation of law. 11 S. and B. 428. The sale is a proceeding in rem, to which all claiming under the intestate are parties (11 S. and B. 429), which directs the title of the deceased. 11 S. and B. 430.””

   2 later decisions quote this exact passage · from the majority
   e.g. Ryan v. Fergusson · Seal v. Banes