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← 58 SO3D 123 - Stokes v. Cottrell

Stokes v. Cottrell’s Empirical Analysis

2008

Citation profile

4
cited by 4 later decisions
1
states following
March 2015
most recently cited

4 state decisions

Relationships

Relies on 418 So. 2d 89 - Boshell v. Keith · 514 So. 2d 877 - Gaston v. Ames · Snodgrass v. Snodgrass · Fitts v. Alexander · Ex Parte Liberty Nat. Life Ins. Co.

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

  1. ““In order to change possession from permissive to adverse, the possessor must make a clear and positive disclaimer or repudiation of the true owner’s title. The possessor must give the true owner actual notice of such disavowal, or he must manifest acts or declarations of adverseness so notoriously that actual notice will be presumed.””
    3 later decisions quote this exact passage
  2. ““In 1965, Cottrell and Johnny Alexan- - der, Sr., filed a complaint, alleging that, during her lifetime,' Estelle had pur chased 100 acres of the land for their benefit and that, at the time of Estelle’s death, the property was being held in a constructive trust for them. Competing inferences may be drawn from the existence of the action and the fact that the 1965 action was dismissed for lack of prosecution. However, a finder of fact could reasonably conclude that the action manifested a disavowal of the record owner’s title sufficient-to notify the record owner that Cottrell and Johnny Sr. did not recognize the validity of the record owner’s title to at least 100 acres of the property.””
    1 later decision quote this exact passage

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.