Taft v. Taft’s Empirical Analysis

Citation profile

48 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In the present case there was nothing which would have justified the submission to the jury of the question of the delivery of the deed of 1878. The note, which was to be executed after Aden Taft’s [the grantor’s] death, was to be executed as a condition precedent to the transfer of the title. It was not executed earlier in fact, and the deed was never delivered earlier. Had Aden delivered it to defendant, to become operative afterwards on the performance of some condition, it might have presented a very different appearance. But the delivery was meant, to be, and was in fact, posthumous, and therefore void.””

   1 later decision quote this exact passage
   e.g. Culy v. Upham

2. ““ It was said in Foster v. Mansfield, 3 Metc. (Mass.) 412, that where a deed is deposited with a third person, and ‘ the future delivery is to depend upon the payment of money, or the performance of some other condition, it will be deemed an escrow. Where it is merely to await the lapse of time, or the happening of some contingency, and not the performance of any condition, it will be deemed the grantor’s deed presently. Still it will not take effect as a deed until the second delivery; but, when thus delivered, it will take effect by relation, from the first delivery.’””

   1 later decision quote this exact passage
   e.g. De Conick v. De Conick

3. “performance of the condition must be absolute and accurate, and cannot be dispensed with on any otherwise substantial performance.”

   1 later decision quote this exact passage
   e.g. Davis v. Holsten