Samuel Marsh v. Edward Brooks’s Empirical Analysis
49 U.S. 223 · 1850
Citation profile
7 federal appellate · 2 state decisions
How this case has been cited
Cited by 29 later decisions (7 by the Supreme Court) — most recently March 2007 · most notably County of Oneida New York v. Oneida Indian Nation of New York State New York (1985), United States v. Title Insurance & Trust Co. (1924)
7 federal appellate · 2 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 Fletcher v. Peck · The Cherokee Nation v. The State of Georgia · The President Directors and Company of the Bank of the United States v. Dandridge · Colin Mitchel Robert v. The United States · Polk's Lessee v. Wendal
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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“That an action of ejectment could be maintained on an Indian right to occupancy and use, is not open to question. This is the result of the decision in Johnson v. McIntosh.”
4 later decisions quote this exact passage · from the majority““■Where the samo land has been twice granted, the elder patent may be set up as a flefense by a trespasser, when sued in ejectment by a claimant under the younger patent, without giving further proof as to present ownership.””
1 later decision 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.