Murphy v. Olds’s Empirical Analysis
1974
Citation profile
4 federal appellate · 20 state decisions
How this case has been cited
Cited by 31 later decisions — most recently May 2002 · most notably Murphy v. Carron (1976), Pollock v. Brown (1978)
4 federal appellate · 20 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 Parker v. Blakeley · Swon v. Huddleston · March v. Gerstenschlager · Ethridge v. Perryman · Purvis v. Hardin
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 31 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A constructive trust ... is not a technical trust but a device used by a court of equity to provide a remedy in cases of actual or constructive fraud to prevent unjust enrichment.... And since a breach of a fiduciary or confidential relationship is itself a constructive fraud, if such a relationship is shown between the putative trustee and beneficiary, no proof of actual fraud is necessary in order to establish a constructive trust.... Thus, the availability to [Murphy] of the constructive trust remedy does not derive from an imputation of actual fraud, but from the breach of the fiduciary relationship which subsisted because ... ‘to permit [the Oldses] to retain the property thus procured would tend to induce fraud and would be against public policy upon the true owner doing equity.’ ” Id. at 252 .”
3 later decisions quote this exact passagee.g. Beck v. Beck · Pollock v. Brown“To establish a constructive trust in land an extraordinary degree of proof is required; proof so clear, cogent and convincing as to exclude all reasonable doubt from the mind of the court. Mahler v. Tieman, supra at 628; see also Purvis v. Hardin, 343 Mo. 652 , 122 S.W.2d 936 (banc 1938).”
1 later decision quote this exact passage
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.