Walker v. Walker’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A. That plaintiff[’s] claim to the disputed tract and roadway is based upon adverse possession. To acquire title to real estate by adverse possession, and to acquire a right of way by prescription, the claimant must show possession (or use, in case of the right of way) by the claimant and his predecessors in title which is (1) hostile, that is under a claim of right; (Emphasis Ours) (2) actual, (3) Open and notorious; (4) exclusive; and (5) continuous for the necessary period of time prior to the commencement of the action.” (Emphasis in original.)”

   1 later decision quote this exact passage
   e.g. Norman v. Allison

2. “If the possessor occupies the land in question intending to occupy that particular piece as his own, his occupancy is adverse. It is not necessary that he intend to take away from the true owner something which he knows belongs to another, or even that he be indifferent as to the facts of the legal title. It is the intent to possess, and not the intent to take irrespective of his right, which governs.”

   1 later decision quote this exact passage
   e.g. Ross v. McNeal

3. ““Hostile possession” means possession opposed and antagonistic to the claims of all others, and imports the occupation of land by the possessor with the intent to possess the land as his own.”

   1 later decision quote this exact passage
   e.g. Krell v. Davidson