495 So. 2d 1072 - Wallace v. Putman’s Empirical Analysis

Citation profile

29 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is well settled that where testimony is presented ore terms, the trial court’s findings are to be favored with a presumption of correctness and not disturbed upon appeal unless palpably erroneous, without supporting evidence, or manifestly unjust. This presumption is particularly strong in boundary line disputes and adverse possession cases and is further enhanced if the trial court personally views the property in dispute. “ ‘Transcripts of the evidence concerning boundary line disputes are, as a rule, the most confusing and difficult to follow, comprehend and understand of all customary and ordinary trials because of the common tendency of some attorneys, surveyors, parties and other witnesses to fail to clarify with particularity their questions and/or answers , when discussing maps, plats, roads, courses, distances and reference points. In such cases the wisdom of, and the need for, the ore terms rule are evident.’ ””

   1 later decision quote this exact passage
   e.g. 541 So. 2d 2 - Turner v. City of Citronelle

2. “"It is common knowledge that roads in the country are frequently used as a matter of convenience without any intention on the part of the landowners to dedicate or give up the lands for public use. The evidence in this case tends to show a permissive use by the landowners. Practically all of the witnesses who testified indicated that they felt they had permission to use the roads for hunting, hiking and picking blackberries. The people who lived in this area during the time in question used each other's lands for these purposes without asking permission. . . . The Court can find no proof of a distinct claim by the people who used the road to any right adverse to the owners."”

   1 later decision quote this exact passage
   e.g. 895 So. 2d 965 - Baker v. Wilbourn

3. “It is well settled that where testimony is presented ore tenus, the trial court's findings are to be favored with a presumption of correctness and not disturbed upon appeal unless palpably erroneous, without supporting evidence, or manifestly unjust.”

   1 later decision quote this exact passage
   e.g. Lynn v. Kelley