Isbell v. Slette’s Empirical Analysis

Citation profile

22 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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Independently of statute (sec. 5712, Rev. Codes), one cannot sell or mortgage personal property not in existence or in which he has no present interest. Bernard v. Eaton, 2 Cush. (Mass.) 303; Farmers’ L. & T. Co. v. Long Beach Imp. Co., 27 Hun. (N. Y.) 89. But it is quite generally held that property which has a potential existence may be mortgaged or hypothecated (Argues v. Wasson, 51 Cal. 620 , 21 Am. Rep. 718 ; 5 R. C. L. 405; 6 Cyc. 1045), and the same authorities hold that annual crops have a potential existence even before they are planted, and that the owner or one rightfully in possession of land has a mortgageable interest in the crops thereafter to be planted on such land (Arques v. Wasson, above; Jones on Chattel Mortgages (5th ed.) see. 143; Cobbey on Chattel Mortgages, see. 384; 6 Cyc. 1046). It goes without saying that the lien of such a mortgage cannot attach until the crops come into existence, until they are planted, and the decided weight of authority and the better reasoning limit the extent of the lien to the interest which the mortgagor then has. Jones on Chattel Mortgages, sec. 143a; Cobbey on Chattel Mortgages, sec. 388. “Speaking of a mortgage on crops thereafter to be planted, the supreme court of Iowa said: ‘‘ ‘While there was nothing upon which the mortgage could operate at the time of its execution, it did attach to the property when it came into existence. ’ (Wheeler v. Becker, 68 Iowa 723 , 28 N. W. 40 .) “In our opinion, such a mortgage is, in ”

   1 later decision quote this exact passage · from the majority
   e.g. Third National Bank v. Kniffen