Medlenka v. Downing’s Empirical Analysis

Citation profile

1 federal appellate · 1 district · 30 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A lien, however, given upon property which in fact is homestead at the time the lien is given, is invalid, although there may be an intention, even evidenced by a designation in writing, of less than is actually used at the time as the home, to make the homestead not embrace the property upon which the lien is given, as in this case. “At the time the deed of trust through which the defendants in error claim was executed, the land between what is designated in the plat of the block, made a part of the statement of facts in this case, as ‘second fence,’ and the fence between that and the houses, which on the plat is designated ‘first fence,’ which land on the plat is marked ‘garden,’ was used as a garden. “This was such use as fixed upon that property the homestead character at the time the deed of trust was given, and the mere designation of something less as the homestead cannot withdraw from it that character, any more than a mere intention to. abandon a homestead, un accompanied with removal therefrom, can operate as an abandonment.””

   1 later decision quote this exact passage
   e.g. Grimes v. Cline