Wells v. Elder’s Empirical Analysis

Citation profile

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

1. “"Section 60.150, RSMo 1969, makes a proper survey prima facie evidence. The instant survey is deficient in that it fails to show it commenced at a corner established by the government, or if lost, re-established pursuant to the statutory method [Chapter 446, RSMo 1969]. ‘Evidence of a survey which is not definitely shown to have commenced from a corner established by the government or, if lost, re-established in accordance with statutes, is of no probative force.’ Carroz v. Kaminiski, 467 S.W.2d 871, 872 (Mo. banc 1971); Burke v. Colley, 495 S.W.2d 699, 702 (Mo.App.1973) . . . . “The survey and the surveyor’s testimony relative thereto are of no probative force to delineate the boundary line between plaintiffs’ land and the tract where defendant had purchased the timber rights. Exhibit B [survey] was not tied to a government marker or legally re-established corner. The exhibit was based on assumptions and conclusions from documents which were not offered in evidence. ‘Even the testimony of a surveyor as to the location of boundary lines is not to be received unless the data from which such lines are run is produced and proved.’ Barnhart v. Ripka, 297 S.W.2d 787, 792 (Mo.App.1956); Pioneer Cooperage Co. v. Bland, 228 Mo.App. 994 , 75 S.W.2d 431 (1934).””

   1 later decision quote this exact passage
   e.g. Cornelius v. Tubbesing