Cole v. Noble’s Empirical Analysis

Citation profile

25 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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “But even in such cases the trustee must bring himself clearly within the position of a continued and consistent adverse claimant ( Grumbles v. Grumbles, 17 Tex., 472 ), and the Cestui que trust must have no reasonable excuse for failing to prosecute his claim within the proper time. McKin v. Williams, 48 Tex., 89 .”

   1 later decision quote this exact passage
   e.g. Morris v. Texas Elks Crippled Children's Hospital, Inc.

2. ““In case of a constructive trust, which is born of fraud, and which presupposes from its beginning an adverse claim of right on the part of the trustee by implication, the statute will commence to run from the period at which the cestui que trust could have indicated his right by action or otherwise.””

   1 later decision quote this exact passage
   e.g. Griffith v. Shannon

3. “It is common learning that in cases of resulting trusts, so long as the trust relation is admitted, and there is no adverse holding by the trustee or any one claiming under him, no lapse of time will bar the cestui que trust. Id., 141; Dow v. Jewell, 18 N.H., 340.”

   1 later decision quote this exact passage
   e.g. Morris v. Texas Elks Crippled Children's Hospital, Inc.