Public-domain · open source
OpenJurist
← 56 INDAPP 171 - Walley v. Wiley

Walley v. Wiley’s Empirical Analysis

1914

Citation profile

22
cited by 22 later decisions
3
states following
October 1984
most recently cited

22 state decisions

How this case has been cited

Cited by 22 later decisions — most recently October 1984

22 state decisions

10019141920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Mitchell v. Bain · New Jersey, Indiana & Illinois Railroad v. Tutt · Rennert v. Shirk · Roots v. Beck · Nowlin v. Whipple

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

  1. “"Our courts have repeatedly held that where one has enjoyed an easement over the lands of another with his knowledge, and without any objection and without any agreement between the parties with reference thereto, and such adverse enjoyment has continued for more than twenty years, it will ripen into a title which can not thereafter be successfully disputed, and as was said by Monks, J., in the case of Mitchell v. Bain (1895), 142 Ind. 604 , 42 N.E. 230 . 'Such enjoyment without explanation how it begun is presumed to have been in pursuance of a grant. The owner of the land has the burden of proving that the use of the easement was under some license, indulgence, or special contract, inconsistent with a claim of right by the other party.' Thus, though one party has proved a paper title, the other party need only prove twenty years' open, continuous, adverse user, in order to raise the presumption that his user began under a claim of right."”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.