Davis v. Mitchell’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... [T]he elements that must be proved by clear and convincing evidence in order to establish a boundary by acquiescence ... are: 1) possession up to a visible line marked clearly by monuments, fences or the like; 2) actual or constructive notice to the adjoining landowner of the possession; 3) conduct by the adjoining landowner from which recognition and acquiescence not induced by fraud or mistake may be fairly inferred; 4) acquiescence for a long period of years such that the policy behind the doctrine of acquiescence is well served by recognizing the boundary.”

   2 later decisions quote this exact passage
   e.g. Crosby v. Baizley · Dowley v. Morency