Hill v. Beaver’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “However, we prefer to decide the case on the principle of an easement by necessity. We quote the general rule from 28 C.J.S. Easements § 37, page 700: “Sec. 37. — On Sale of Land Surrounded by That of Grantor and Third Persons On a conveyance which leaves the land conveyed or retained surrounded by the land of the grantor or grantee and third persons, a way of necessity is implied in favor of the landlocked parcel. If the land granted is partly surrounded by that of the grantor and partly by that of strangers, a right of way over the remaining land of the grantor exists by necessity. If the land retained is surrounded by the land conveyed and the land of strangers, the grantor is entitled to a way of necessity over the land conveyed.” This same rule was applied in Tennessee in the case of Jones v. Whitaker, 12 Tenn.App. 551 . See also Bowles v. Chapman (1943), 180 Tenn. 321 , 175 S.W.2d 313 ; Jones v. Ross (1963) 54 Tenn.App. 136 , 388 S.W.2d 640 . See also McCammon v. Akers, Ten n.App., 436 S.W.2d 457 .”

   1 later decision quote this exact passage
   e.g. Morris v. Simmons