McClendon v. Dean’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 14 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Thus, it is now expressly recognized that, within certain limitations, transmutation of community property between husband and wife is approved. The limitation imposed by the court is contained in the last sentence of the quotation from the Chavez case. " (Emphasis mine.) It is quite proper and only fair that the majority should make this admission since, obviously, the legislature imposed no such condition to operation of the statutory presumption erected by it in 1941 Comp. § 65-401, when it enacted: "* * * but whenever any real or personal property, or any interest therein or encumbrance thereon is acquired by a married woman by an instrument in writing the presumption is that title is thereby vested in her as her separate property. " (Emphasis mine.) Unquestionably, the legislature intended that this presumption, in and of itself, absent countervailing proof sufficient to overcome it, should suffice to support an adjudication that property conveyed by the husband to the wife by an instrument in writing, though having previous character as community property, or to her by some third person even if paid for with community funds, should become "vested in her as her separate property.”

   1 later decision quote this exact passage
   e.g. Trimble v. St. Joseph's Hospital