McIntosh v. Hill’s Empirical Analysis

Citation profile

2 federal appellate · 1 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Possession of personal property is only prim'a facie evidence of title, and the doctrine of caveat ernptor prevails notwithstanding the possession. The prima facie title must yield to the actual title when it is asserted, and the buyer who trusts to appearances must suffer the loss if they prove delusive. If the vendor is estopped from reclaiming his property from an innocent purchaser, there is no principle, as was said in Andrews v. Cox, supra, upon which we could stop,-short of holding that one who had borrowed or hired any personal property might divest the true owner of his title, simply by assuming the power to sell. [We think that reason and the overwhelming weight of authority pronounce in favor of the right of the original vendor.’’”

   1 later decision quote this exact passage
   e.g. Parker v. Rolfe