Kinchen v. Layton’s Empirical Analysis
1984
Citation profile
14 state decisions
How this case has been cited
Cited by 15 later decisions — most recently February 2016
14 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 Heath v. Parker · Timmerman v. Gabriel · 61 Ill. 2d 168 - Brownfield Subdivision, Inc. v. McKee · Frederic v. Merchants & Marine Bank · Schaeffer v. Gatling
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.
“"Generally courts do not look with favor on restrictive covenants. Such covenants are subject more or less to a strict construction and in the case of ambiguity, construction is most strongly against the person seeking the restriction and in favor of the person being restricted."”
4 later decisions quote this exact passage“"Covenants [restrictive] of this kind should be fairly and reasonably construed and the language used will be read in the ordinary sense. [citation omitted]. The entire instrument should be considered in ascertaining its meaning, but the restrictions should not be extended by strained construction, especially when, as in this case, the restrictive covenants expressly permit the use being made of the land."”
3 later decisions quote this exact passage“An important corollary rule, however, is that the clear and unambiguous wording of protective covenants will not be disregarded merely because a use is prohibited or restricted. If the intent to prohibit or restrict be expressed in clear and unambiguous wording, enforcement is available in the courts of this state.”
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.