55 Ala. App. 597 - Gwin v. Gwin’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellant also says that there was no proof that an equitable partition could not have been made between the joint owners and cites our case of Prosch v. Prosch, 47 Ala.App. 33 , 249 So.2d 855 , cert. den. (appellee’s) 287 Ala. 740 , 249 So.2d 860 , cert. den. (appellant’s) 287 Ala. 740 , 249 So.2d 861 . In the Prosch case, the property in question consisted of 365 acres of farmland and we did hold that there must be proof that partition in kind could not be made prior to the execution of a property sale. We think it rather obvious that when the evidence shows that the property ordered to be sold for division is a dwelling house on a city lot, proof exists that an equitable partition could not be made.”

   1 later decision quote this exact passage
   e.g. 414 So. 2d 121 - Clarke v. Clarke