Stubbs v. Hardee’s Empirical Analysis

Citation profile

1 federal appellate · 2 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[U]nder the laws of North Carolina, real property held by the entireties, unless the debt be joint, generally is not subject to the claims of the creditors of either party to the marriage. During coverture, neither party acting alone, may sell the land or his or her interest in it, and creditors of the husband, alone, or of the wife, may not levy upon the land or the single debtor’s interest in it. Creditors of the husband, however, do have substantial and enforceable cur rent interests in rents and profits and contingent, prospective interests in the proceeds of sale. It is settled that accruing rents and profits are attributed entirely to the husband and are subject to the claims of his creditors.... Moreover, since there is no tenancy by the entireties in personalty, proceeds of sale or insurance are held by the parties to the marriage as tenants in common, one half being subject to the claims of the creditors of either spouse.”

   2 later decisions quote this exact passage
   e.g. In re Adams · 74 N.C. App. 550 - Branch Banking and Trust Co. v. Wright