Thurmond v. Espalin’s Empirical Analysis

Citation profile

2 federal appellate · 2 district · 52 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 56 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * We are now concerned with what constitutes good faith by one who invokes Sec. 27-121, 1941 Comp., [§ 23-1-22, N.M.S.A.1953] which requires broadly that adverse possession must be in good faith. The question of what constitutes good faith is discussed in 2 C.J.S., Adverse' Possession, § 170. Fortunately, in a case involving a Federal Statute of sufficient analogy to be useful, the trail has been blazed by our court to a considerable extent for correct understanding of the meaning of the phrase good faith. In Third Nat. Exch. Bank v. Smith, 20 N.M. 264 , 148 P. 512 , affirmed 244 U.S. 184 , 37 S.Ct. 516 , 61 L. Ed. 1071 , it was decided: ‘ “Good faith,” in the creation or acquisition of color of title, is freedom from a design to defraud the person having the better title and the knowledge of an adverse claim to or lien upon property does not, •of itself, -indicate had faith in a purchaser, and is not even evidence of it, unless accompanied by some improper means to defeat such claim or lien.’ ””

   2 later decisions quote this exact passage
   e.g. Palmer v. Denver & Rio Grande Western Railroad Co. · In Re Estate of Duran

2. ““As we have seen from the authorities quoted, 'good faith’ in acquiring title by adverse possession does not require ignorance of adverse claims or defects in title. There is nothing in this affidavit or its recording which indicates a disavowal by Thurmond of his claim of right or a recognition of the claim of anyone else. “Since the trial court by its findings and conclusions necessarily concluded that the evidence did not show an absence of good faith and it being our duty on review to entertain all reasonable presumptions in favor of the correctness of the trial court’s findings, conclusions and decree, we do not find ground for reversal.””

   1 later decision quote this exact passage
   e.g. Witherspoon v. Brummett

3. ““ ‘The principal purpose of color is not to show actual grant of the land or of any interest therein, but is to designate the boundary of plaintiff’s claim.’ ” [ 50 N.M. 109 , 171 P.2d 327 .]”

   1 later decision quote this exact passage
   e.g. Westmoreland v. Curbello