Jones v. Johnston’s Empirical Analysis

Citation profile

17 federal appellate · 2 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “■ “The case was a good deal embarrassed on the trial, arising out of the evidence in respect to this original plat. * * * yye think the court erred in admitting it as evidence to control, or in any way to affect, the recorded plat. Both lots in controversy were conveyed with express reference to that, and without such reférence there is not a sufficient description given in the deeds of the boundaries to admit of a location of either. If there was in fact any error or mistake in this reference, by way of description of the premises conveyed, the remedy was in chancery to reform the deed. So long as that remained unreformed, the description of the lot by reference to the recorded plat was conclusive upon the parties.””

   2 later decisions quote this exact passage · from the majority
   e.g. Wilson v. Chicago Lumber & Timber Co. · McClure v. Glady Fork Lumber Co.

2. ““Any alluvial accretions since the deed belong to the plaintiff, as owner of the adjoining land. Any past accretions belonged to the then owner; and whoever sets up a title to them must show a deed of the same, as in the case of any other description of land. The case of Lamb v. Rickets, 11 Ohio, 311 , exemplifies the principle for which we are contending. The defendant had agreed to convey a piece of land, called the ‘ Hamlin Rot,’ containing forty-two acres, more or less, and also two other small lots, of ten acres, with a proviso, if the Hamlin lot and the two others contained more than fifty-two acres, the excess was reserved. The defendant conveyed the Hamlin lot, and refused to convey the other two. A bill was filed to compel a conveyance. The Hamlin lot was bounded by one of its lines on the bank of the Tuscarawas river, and has been originally conveyed to the defendant, and by him to the plaintiff, as containing forty-two acres, more or less. The defense set up to the bill was that before the defendant conveyed the lot to the plaintiff large accessions had been made from the river to the lot, and that these alluvial formations made up the quantity of fifty-two acres. The plaintiff claimed that the quantity should be determined according to the old boundary of the lot upon the bank of the river, which would be but some forty-two acres. Hut the court held that the question was not as the bank of the river was twenty-five or thirty years ago. but as it was when the Hamli”

   1 later decision quote this exact passage · from the majority
   e.g. East Omaha Land Co. v. Jeffries

3. ““As we have seen, this lot No. 34 was conveyed to the plaintiffs the 22d October, 1835, and described as included within side lines dropped at right angles from the northwest and northeast corners of Water street, which were 60 feet apart, and fixed and extended in right lines till they intersected the shore of the lake below. The boundaries, therefore, including and locating the lot were specific and complete. The north boundary was marked on the south side of Water street. The side lines extended, according to the plat, at right angles from Water street to the lake. The lake was the southern boundary which closed the lines of the lot. Now, in order to determine what land was conveyed to the plaintiff by this deed of 22d October, 1835, all that was necessary was to locate the lot upon the ground in conformity to the description at that date. The calls in the deed having reference to the plat furnished the necessary data for the location. There was the fixed line north on the ground, the lake, a natural object, south, and the lot inclosed between two lines extending at right angles from the corner from Water street to the lake.””

   1 later decision quote this exact passage · from the majority
   e.g. McClure v. Glady Fork Lumber Co.