Carpenter v. Haggard’s Empirical Analysis

Citation profile

8 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. “[u]nder the M.R.C.P. it is only necessary for the complaint to show that the plaintiff is entitled to some relief in court in order to survive a Rule 12(b)(6) motion,”

   2 later decisions quote this exact passage
   e.g. 722 So. 2d 490 - Smith v. Malouf · 662 So. 2d 581 - Weeks v. Thomas

2. “While the MRCP have effected greatly needed changes in trial pleadings, we should not ignore the wisdom behind the statute requiring a complainant, in an action involving realty, to deraign title in his pleading. Deraignment of title is an abstract of information from the public land records setting forth all possible parties in interest, precisely how their interest, or claim thereto, arises. Land, unlike parties litigant, survives forever, and it is of paramount importance to the chancery court to have all parties who might be affected by a title decree or judgment made parties to the action. The plaintiff, before the case ever comes to trial, should set forth in writing facts sufficient to sustain his claim of interest. The plaintiff's attorney would be prudent to set forth in his initial complaint a deraignment of title, because the opposing party is entitled to demand it, anyway, Rule 12(e), and in all likelihood the chancellor will want such information before him before he proceeds to trial. It is inconceivable that any attorney would file an action involving title to realty without securing all this information beforehand, in any event. It should present no burden to him to set it forth in pre-trial pleadings at some point.”

   1 later decision quote this exact passage
   e.g. 616 So. 2d 888 - Gates v. Gates

3. “to creates some undivided fee simple interest of the plaintiffs in this property.”

   1 later decision quote this exact passage
   e.g. 662 So. 2d 581 - Weeks v. Thomas