Eckert v. Miller’s Empirical Analysis

Citation profile

2 district · 22 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “whenever the legal title to property, real or personal, has been obtained through actual fraud, misrepresentations, conceal-ments, or through undue influence, duress, taking advantage of one’s weakness or necessities, or through any other similar means or under any similar circumstances which render it unconscientious for the holder ... to retain [it]”

   2 later decisions quote this exact passage
   e.g. Johnson v. American National Insurance · AzStar Casualty Co. v. Allied General Agency (In Re Allied General Agency)

2. ““ ‘In general, whenever the legal title to property, real or personal, has been obtained through actual fraud, * * * or under any other similar circumstances which render it unconscientious for the holder of the legal title to retain and enjoy the beneficial interest, equity impresses a constructive trust on the property thus acquired in favor of the one who is truly and equitably entitled to the same, although he may never perhaps; have had any legal estate therein; and a court of equity has jurisdiction to reach the property either in the hands of the original wrongdoer, or in the hands of any subsequent holder, until a purchaser of it in good faith and without notice acquires a higher right, and takes the property relieved from the trust. * *”

   1 later decision quote this exact passage
   e.g. Markel v. Transamerica Title Insurance Company