Barbee v. Pigott’s Empirical Analysis

Citation profile

7 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Every ... conveyance of lands, ... by writing . .. had or made and contrived of ... fraud, covin collusion, or guile, to the intent or purpose to delay, hinder, or defraud creditors of their just and lawful actions, suits, debts ... shall be deemed and taken only as against the person or persons, . .. and every of them whose debts, ... or interests by such guileful and covinous devices and practices shall or might be in any wise disturbed, hindered, delayed, or defrauded, to be clearly and utterly void; any pretense, color, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding.”

   2 later decisions quote this exact passage
   e.g. ESTATE OF ROBY v. Roby · 646 So. 2d 1264 - Morreale v. Morreale

2. “The rule is well settled that, in a case of this kind, where it is claimed that a conveyance was made to satisfy or secure an antecedent indebtedness, there must be clear and convincing proof of the existence of a valid debt, including disclosure of details as to the items and amount of the debt, and it must clearly appear that the conveyance was in fact made in consideration of such debt. The necessity of clear and satisfactory proof of indebtedness particularly exists in the case of conveyances to near relatives, as in ... between parent and child. * * * * * * The burden of proof in this case was on the appellant to show by clear and satisfactory evidence not only a bona fide indebtedness, which was intended to be enforced, but also that the amount thereof was not materially less than the fair and reasonable value of the property conveyed to him.”

   1 later decision quote this exact passage
   e.g. 646 So. 2d 1264 - Morreale v. Morreale

3. “Inadequacy of consideration; transaction not in usual course or mode of doing business; absolute conveyance as security; secrecy; insolvency of grantor; transfer of all his property; attempting to give evidence of fairness by conscripting sister-in-law as a conduit for passing title to the wife; retention of possession; ... relationship of the parties; and transfer to person having no apparent use for the property.”

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