Scully v. Porter’s Empirical Analysis

Citation profile

17 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No writing is required to give force to the lien nor is the filing or recording of the contract of lease a prerequisite to the creation of a lien. Many of the leases, being for a term of one year or less and not in writing, cannot be filed or recorded in a public office, and this indicates plainly enough that the legislature did not regard record notice essential to the existence of a landlord’s lien.” (p. 324.)”

   1 later decision quote this exact passage
   e.g. Bowland v. McDowell

2. ““It is the policy of the law to protect and facilitate bona fide sales of personal property in the open market when they are made without notice of liens; but a person who purchases a crop which is in the possession of the tenant of the leased premises can hardly be called a bona fide purchaser.” (Scully v. Porter, supra.) .”

   1 later decision quote this exact passage
   e.g. Stadel v. Aikins

3. ““ Had the property been removed by the tenant and sold on the market, other and different questions would arise with respect to notice than we have here. So long as the property remains upon the leased premises it affords notice to all who deal with the tenant, and there is little risk of the loss of the lien.””

   1 later decision quote this exact passage
   e.g. Aikins v. Stadell