Kime v. Jesse’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The altered mortgage, could not be foreclosed or reformed. Marcy v. Dunlap, 5 Lans. [N. Y.] 365. It follows that the trial court did not err in sustaining the motion :.or judgment on the pleading*, and declaring the mortgage in suit void; but it went further and also adjudged the vote void the payment of which it was for the purpose of the mortgage to secure. In this last the court erred. Iu this state a mortgage is but an incident to the note or debt, a security for its payment. And while it is true that, if the note the payment of which is secured-by a mortgage is materially altered, and thereby avoided, the mortgage is rendered unenforceable, it does not follow that a material alteration of a mortgage, and its consequent annulment, also renders the debt, the payment of which is secured by it, incapable of collection, or any instrument by which the debt is evidenced void. The indebtedness or instrument evidencing its existence is, or testifies to a personal obligation of the debtor for the enforcement of which the creditor may proceed against the debtor in a personal action, or the mortgage may be foreclosed, and the property described therein subjected to the payment of the debt. These are existing different and concurrent remedies, and, subject to some restrictions, either may be resorted to at. any time for the enforcement of the payment of the debt; the restrictions not going to the validity or existence of the debt, or the substance of an action for enforcement, but t”

   1 later decision quote this exact passage
   e.g. Zeiglar v. Vollers