52 N.J. Super. 88 - Schroeder v. Engroff’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I have no reason to question the good faith of either Merrill or Schroeder, although as to the latter, his self interest is a factor which may not be overlooked. But granting to each full faith in his veracity, I am still confronted with the problem of the reliability of human recollection in the circumstances. These circumstances include the fact that Merrill, unaided by anything except his memory, described what he saw on the ground twenty-five years ago. They include the fact that in the casual manner in which Jelliffe and Merrill dealt, the precise location of the monument then was of minor importance to the parties. They include also the fact that the property has passed through the hands of three sets of parties by warranted conveyances in reliance upon the accuracy of the descriptions contained therein. The integrity of land titles and of instruments of record has always received the zealous protection of the courts, and properly so. I think I would fall short of furnishing this protection if I should rely upon so frail a thing as human memory of an event which happened 25 years ago to upend the record title. I therefore find as a fact that the proffered testimony is of insufficient weight to support the burden cast upon the plaintiff by the law.”

   1 later decision quote this exact passage
   e.g. 57 N.J. Super. 452 - Schroeder v. Engroff