Bornes v. Vernon’s Empirical Analysis
1953
Citation profile
1 federal appellate · 4 state decisions
How this case has been cited
Cited by 7 later decisions — most recently October 2018
1 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gallagher v. Conner · Levy v. Desposito · Zimmer v. Fryer · Freeland v. Carmouche · Fisher v. Trimble
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.
“Inscriptions of mortgages and privileges are erased by the consent of the parties interested and having capacity for that purpose; this consent to be evidenced by a release, or by a receipt given on the records of the court rendering the judgment on which the mortgage is founded.”
2 later decisions quote this exact passage“"The doctrine that a person in good faith buying real estate, or acquiring a mortgage or lien on it, may rely upon the public records in determining the ownership of the property, and its freedom from mortgages or liens, does not protect one who, in good faith, buys real estate or acquires a mortgage on real estate on which a prior mortgage has been cancelled fraudulently or without the consent of the holder of the mortgage or of the mortgage note or notes. The Civil Code, in articles 3371 and 3372, declares that a mortgage or lien can be cancelled only with the consent of the holder of the mortgage or mortgage note or notes, or by virtue of a judgment rendered against him, ordering the cancellation. In Freeland v. Carmouche, 177 La. 395, 405, 406 , 148 So. 658, 661, 662 , the court reviewed the decisions on the subject, and said: "The rule seems arbitrary, but it is now well settled by the decisions of this court, that a cancellation of a mortgage by the recorder without the knowledge or consent of the holder of the negotiable mortgage note does not deprive him of his security, even with regard to a third party dealing with the property on his faith in the public record. Dreux, Executor v. Ducournau, 5 Mart.,O.S., 625; Lafarge v. Morgan, 11 Mart.,O.S., 462, 527; Macarty v. Landreaux, 8 Rob. 130 ; Hennen v. Sewell, 8 Rob. 216 ; Delavigne v. Gaiennie, 11 Rob. 171, 173 ; Mrs. De St. Romes v. Widow Blanc, 20 La.Ann. 424 , 96 Am.Dec. 415; Horton v. Cutler, 28 La.Ann. 331 ; Mechan”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.