Aubuchon v. Bender’s Empirical Analysis

Citation profile

27 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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““At common law there was no obligation to put upon record a conveyance affecting the title of land, liut the duty of registration is now imposed upon tlie grantee, or the person to whom or for whose use the conveyance or covenant is made; and, as in all other eases where a duty is imposed, he who neglects it should suffer the consequences. The object of the requirement is to compel an exhibit of titles to facilitate transfers, but principally to guard purchasers agaiust imposition; and hence, if the prior deed is not recorded, a subsequent buyer for good consideration without notice will be protected. 'Phis protection, always thrown around an innocent purchaser, and to which our statute also expressly entities him, is founded on the broadest equity, lie receives it not because the prior deed is invalid in itself, — the duty of recording is not enforced by any such penalty, — but because justice will not suffer a person who omits a plain duty to set up a claim against one who has been led by that omission to invest his money in what he supposed his vendor had a right to sell.””

   2 later decisions quote this exact passage · from the majority
   e.g. Miller v. Merine · Western Land & Cattle Co. v. Plumb

2. “No agreed statement of facts can fix a conclusion of law. The relationship and death are facts to be admitted, but who were his heirs is a question of law which the court is bound to declare.”

   1 later decision quote this exact passage · from the majority
   e.g. Matter of Estate of Kalouse