Kelley v. Neilson’s Empirical Analysis
2001
Citation profile
4 district · 7 state decisions
How this case has been cited
Cited by 15 later decisions — most recently July 2021
4 district · 7 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 Pederson v. Time, Inc. · Dwyer v. Globe Newspaper Co. · LaLonde v. Eissner · Lolos v. Berlin · In Re Estate of Dwyer
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Massachusetts does not follow the view recognized in many States that, on the execution of a purchase and sale agreement, the purchaser is regarded as the equitable owner of real estate, entitled to receive the rents and profits from the property. See Laurin v. DeCarolis Constr. Co. , 372 Mass. 688 , 690-691, 363 N.E.2d 675 (1977), and authorities cited; Beal v. Attleboro Sav. Bank , 248 Mass. 342 , 344, 142 N.E. 789 (1924). In Massachusetts the seller continues to hold legal title to the property subject to an equitable obligation to convey on payment of the purchase price. See Laurin v. DeCarolis Constr. Co. , supra at 691, 363 N.E.2d 675 ; Barrell v. Britton , 244 Mass. 273 , 278-279, 138 N.E. 579 (1923). Unlike other States, our law provides that, when the parties specify a time for the completion of the sale, the conversion of interest takes place at that specified time-not the date that the parties execute the purchase and sale agreement. Baker v. Commissioner of Corps. & Taxation , 253 Mass. 130 , 133-134, 148 N.E. 593 (1925).”
2 later decisions quote this exact passage““can only be satisfied by the thing bequeathed; if that has no existence, when the bequest would otherwise become operative, the legacy has no effect. If the testator subsequently parts with the property, even if he exchanges it for other property or purchases other property with the proceeds, the legatee has no claim on the estate for the value of his legacy. The legacy is adeemed by the act of the testator.””
2 later decisions quote this exact passage“When a purchase and sale agreement has been executed, the vendor holds the legal title to the property 'subject to an equitable obligation to convey' it to the purchaser 'on payment of the purchase money'. Until the deed is delivered the vendor bears all the risks of ownership should the property be destroyed. He also has the exclusive right to possession of the property and the right to rents and profits. Thus the rights of the purchaser are contract rights rather than rights of ownership of real property.”
1 later decision quote this exact passage
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.