Mann v. Mann's Estate’s Empirical Analysis

Citation profile

14 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Neither can her covenant not to claim homestead, operate as an estoppel on her right of homestead. The plaintiff is claiming the homestead, which the statute vests in her. Her covenant not to do so is executory. A party cannot be restrained, by way of estoppel, from asserting a statutory right, because it is in violation of an executory covenant. Neither can such a covenant be set up, and given operation by way of rebutter, to bar the assertion of the homestead right of the plaintiff. Gibson v. Gibson et al., 15 Mass. 106 ; Sullings v. Richmond et al., 5 Allen 187.””

   1 later decision quote this exact passage · from the majority
   e.g. Scott v. Stark

2. ““It is essential that the party asking for the enforcement of the specific performance of a contract should be able to aver and establish a performance of the contract on his part, especially if his performance thereof forms the consideration for the covenants sought to be enforced.””

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