Oakey v. Bennett’s Empirical Analysis

Citation profile

12 federal appellate · 6 district · 9 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But it is an admitted principle in all countries where the common law prevails, whatever views may be entertained in regard to personal property, that real estate can be conveyed only under the territorial law. The rule is laid down clearly and concisely by Sir William Grant, in Curtis v. Hutton, 14 Ves. 537, 541, where he says: ‘The validity of every disposition of real estate must depend upon the law of the country in which that estate is situated.’ The same rule prevails generally in the civil law. Boullenois, John Voet, Christinasus, and others (cited in Story, Conflict of Laws, 359, 360) say, ‘As a general rule, movable property is governed by the law of the domicile, and real property by- the law of the situs rei.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Amaya v. Stanolind Oil & Gas Co.

2. ““A statutable conveyance of property cannot strictly operate beyond the local jurisdiction. Any effect which may be given to it beyond this does not depend upon international law, but the principle of comity; and national comity does not require any government to give effect to such assignment, when it shall impair the remedies or lessen the securities of its own citizens. And this is the prevailing doctrine in this country.””

   1 later decision quote this exact passage · from the majority
   e.g. Happy v. Prickett