York v. James’s Empirical Analysis

Citation profile

20 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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A possessory action for the recovery of any mining title or for damages to any such title is adjudged by the law of possession between the parties, although the paramount title to the land is in the United States. This leaves the United States entirely out of consideration, and neither party can take advantage of the paramount title of the United States either to sustain his own title or to defeat that of his adversary. * ‡ * “in other words, the possessory right is the right to explore and work the property under the existing laws and regulations. All controversies as to mining claims before patent must be determined by the law of possession. The ordinary rule of law that the plaintiff must recover on the strength of his own title and not on the weakness of that of his adversary does not apply. The rule in possessory actions is that the better title prevails.” Ricketts American Mining Law, pp. 224, 225, (3d Ed. 1931).”

   1 later decision quote this exact passage
   e.g. Parker v. Belle Fourche Bentonite Products Co.

2. ““Every conveyance of real estate within this state, hereafter made, which shall not be recorded as required by law, shall be void, as against any subsequent purchaser or purchasers in good faith and for a valuable consideration of the same real estate or any portion thereof, whose conveyance shall be first duly recorded.””

   1 later decision quote this exact passage
   e.g. Dame v. Mileski