In the Matter of Federal Shopping Way, Inc., a Washington Corporation, Debtor. Bank of California, N. A., Tacoma, Washington v. Thomas L. McQuaid Lifetime Federal Savings & Loan Association v. Thomas L. McQuaid Evergreen First Federal Savings & Loan Association v. Thomas L. McQuaid Republic National Life Insurance Company v. Thomas L. McQuaid’s Empirical Analysis
457 F.2d 176 · 1972
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 11 later decisions — most recently June 1993
1 federal appellate ·
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
Applies 11 U.S.C. § 110 · 11 U.S.C. § 501 · 11 U.S.C. § 511 (§ 704 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005)
Relies on Teal v. Walker · 43 Wash. 2d 736 - Pape v. Department of Labor & Industries · 56 Wash. 2d 652 - Tellier v. Edwards · Hamblen v. Federal Savings & Loan Insurance · Norfor v. Busby
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) A mortgage of any interest in real property shall not be deemed a conveyance so as to enable the owner of the mortgage to recover possession of the real property, without a foreclosure and sale according to law: Provided, That nothing in this section shall be construed as any limitation upon the right of the owner of real property to mortgage, pledge or assign the rents and profits thereof, nor as prohibiting the mortgagee, pledgee or assignee of such rents and profits, or any trustee under a mortgage or trust deed either contemporaneously or upon the happening of a future event of default, from entering into possession of any real property, other than farm lands or the homestead of the mortgagor or his successor in interest, for the purpose of collecting the rents and profits thereof for application in accordance with the provisions of the mortgage or trust deed or other instrument creating the lien, nor as any limitation upon the power of a court of equity to appoint a receiver to take charge of such real property and collect such rents and profits thereof for application in accordance with the terms of such mortgage, trust deed or assignment.”
2 later decisions 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.