Pines v. Farrell’s Empirical Analysis
2004
Citation profile
18 state decisions
Relationships
Relies on Case of the State Tax on Foreign-Held Bonds. Railroad Company v. Pennsylvania · Beaver County Building & Loan Ass'n v. Winowich · Harper v. Consolidated Rubber Co. · 299 Pa. Super. 260 - Mancine v. CONCORD-LIB. SAV. & LOAN ASS'N · Tryon v. Munson
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“What definitively tips the balance in this Court’s view, is that, although a mortgage can be considered both a conveyance in form as well as a security interest, for purposes of actions involving recording acts, mortgages traditionally have been treated as conveyances. “In all questions upon the recording acts, the mortgage is spoken of as a conveyance of land.” ... Thus, for purposes of determining whether mortgage assignments, mortgage satisfactions and mortgage releases are property transfers, we begin with the premise that a mortgage conveys the property subject to the mortgage to the mortgagee until the obligations under the mortgage are fulfilled.”
1 later decision quote this exact passage · from the majority“Given our conclusion that a mortgage conditionally conveys the subject property, it logically follows that an assignment of the mortgagee’s rights likewise effects a conditional transfer of the sub ject property to the assignee. Additionally, even accepting respondent’s argument that an assignee’s rights cannot exceed those of the assignor, a property transfer still exists because the assignee will receive the rights held by the assignor, i. e., the conveyance of the property subject to the terms of the mortgage .... Thus, the Court Administrator correctly defined property transfer to include mortgage assignments.”
1 later decision quote this exact passage · from the majority““Proper resolution of this question first requires an examination of the legal definition of a mortgage; i.e., if a mortgage represents a property transfer, it logically follows that transactions involving mortgages are also property transfers. The “title theory” of mortgages deems a mortgage to be a conveyance, while a competing theory, the “hen theory,” suggests that a mortgage merely represents a security interest.””
1 later decision quote this exact passage · from the majority
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.