Cargill v. Thompson’s Empirical Analysis

Citation profile

1 federal appellate · 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. ““We do not see bow tbe mere act of tbe parties, of going into possession and consenting to or acquiescing in it, can bave tbe effect to pass tbe mortgagor’s estate to tbe mortgagee. Tbe latter, being let into possession under and because of tbe mortgage, is in only for tbe purpose of it, to wit, for security. *, * * Tbe fact that the possession is added, as a further security, to tbe security which tbe mortgage of the title gives him, cannot change the lien of tbe mortgage into an estate. The right of tbe mortgagee remains a mere lien, though the power to enforce it against the profits issuing from tbe lands is placed in his bands by letting him into possession. If an estate arises in tbe mortgagee, it is real estate, though the debt of which it is only an incident is personalty. Gan tbe debt and tbe right of possession be severed? May tbe mortgagee assign tbe debt as personalty, and retain tbe right of possession as realty?””

   1 later decision quote this exact passage
   e.g. Northwestern Mut. Life Ins. v. Security Savings & Trust Co.