Counts v. Moody’s Empirical Analysis
1978
Citation profile
10 state decisions
How this case has been cited
Cited by 10 later decisions — most recently December 2016
10 state decisions
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 Murphy v. Carron · State Ex Rel. Edie v. Shain · Auldridge v. Spraggin · Feinstein v. McGuire · Conran v. Girvin
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Parties seeking to establish [title by adverse possession] have the burden of establishing all of the elements [thereof]. These elements are clearly and consist ently defined by the courts of this state as (1) the possession must be hostile, that is, under claim of right; (2) actual; (3) open and notorious; (4) exclusive; and (5) continuous, over the statutory period. For the purpose of testing whether such burden has been met, acts which constitute adverse possession depend upon the facts of each particular case, and consideration is given to the nature and location of the property, the uses to which it is put, the intent of the parties and those under whom they claim, and all other facts and circumstances of the possession and use. Id. at 138 [4, 5]. (Citations omitted.)”
1 later decision quote this exact passagee.g. Charlton v. Crocker
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.