Fenn v. Holme’s Empirical Analysis

Citation profile

33 federal appellate · 11 district · 19 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 105 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The legal title to the land in question remains in the government until it is invested by the government in its grantee. The patent is the superior and conclusive evidence of legal title. That the plaintiff in ejectment must in all cases prove a legal title to the premises in himself at the time of the demise laid in the declaration, and that evidence of an equitable estate will not be sufficient for a recovery, are principles so elementary and so .familiar to the profession as to render unnecessary the citation of authority in support of them. The inquiry presents itself as to who holds the legal title to the lands in question. The answ.er to this question is that the legal title remains in the original owner, the government, until it is invested by the government in its grantee; * * * that Congress has the sole power to declare the dignity and effect of titles emanating from the United States; and the whole legislation of the government in reference to the public lands declares the patent to be the superior and conclusive evidence of legal title. Until it issues, the fee is in the government, which by the patent passes to the grantee, and he is entitled to enforce the possession in ejectment.””

   3 later decisions quote this exact passage · from the majority
   e.g. Langdon v. Sherwood · Day v. Mountin

2. ““The inquiry then presents itself as to who holds the legal title to the land, in question. The answer to this question is that the title remains in the original owner, the government, until it is invested by the government in its; grantee. This results from the nature of the case, and is the rule affirmed by this court in the case of Bagnell et al. v. Broderick [ 13 Pet. 436 , 10 L. Ed. 235 ], in which it is declared that Congress has the sole power to declare the dignity and effect of titles emanating from the United States, and the whole legislation of the government in reference to the public lands declares; the patent to be the superior and conclusive evidence of the legal title. Until it issues, the fee is in the government, which, by the patent, passes; to the grantee, and he is entitled to enforce the possession in ejectment.””

   2 later decisions quote this exact passage · from the majority
   e.g. Langdon v. Sherwood · Surghenor v. Ranger

3. ““In every instance in which this court has expounded the phrases, proceedings at the common law and proceedings in equity, with reference to the exercise of the judicial powers of the courts of the United States, they will be found to have interpreted the former as signifying the application of the definitions and principles and rules of the common law to rights and obligations essentially legal; and the latter, as meaning the administration with reference to equitable as contradistinguished from legal rights, of the equity law as defined and enforced by the Court of Chancery in England.””

   2 later decisions quote this exact passage · from the majority
   e.g. Murray v. Chicago & N. W. Ry. Co. · Jones v. Mutual Fidelity Co.