Jennings v. Carter’s Empirical Analysis

Citation profile

4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon a careful reading of the evidence in this case, we are led to the conviction that the proceedings before the sale were conducted under the direction of the ifiaintiffs in execution with the hope and to the end that the appellee would never learn of the pending sale, and thereby lose his homestead. In order to accomplish the wrong, they attempted to defeat the purpose of the law in providing notices for a sale, while making a pretense of observing it. They could acquire no rights through such a proceeding. It is contended that title passed, untainted with fraud, to Devin, who was a stranger to the proceeding. and from him to appellant. To this it -is a sufficient answer that Devin purchased through West, his attorney, who placed the proceeding to sell upon foot, and consummated it after the relation was fixed. Devin is affected with the knowledge of West, and on trial he testified that he ‘thought it likely the noiico had boon published with the intent of preventing appellee and his friends from seeing it.’ We think the appearances Justified that impression. Creditors cannot taire advantage of the temporary absence of their debtors u> ol)1 a in execution, give notice of sale, which will never reach the debtors or ilieir friends, and thereby deprive them of their constitutional exemptions. Such efforts should not bo made, and can never receive the countenance of the court. As the land has not passed to a bona fide purchaser for value, the ap-pellee was entitled to the ”

   1 later decision quote this exact passage
   e.g. Fahrney v. Kelly