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← 655 SW2D 310 - Lifemark Corp. v. Merritt

Lifemark Corp. v. Merritt’s Empirical Analysis

1983

Citation profile

60
cited by 60 later decisions
3
states following
July 2015
most recently cited

8 federal appellate · 22 state decisions

How this case has been cited

Cited by 60 later decisions — most recently July 2015 · most notably Bradley v. Pacific Southwest Bank (1992), INWOOD NORTH HOMEOWNERS'ASS'N v. Harris (1987)

8 federal appellate · 22 state decisions

2301983199020002010decided

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 Garza v. Alviar · Great American Reserve Insurance Co. v. San Antonio Plumbing Supply Co. · Simmonds v. St. Louis, Brownsville & Mexico Railway Co. · Woods v. Alvarado State Bank · Oury v. Saunders

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

  1. “It is well settled in [Texas] that in order to establish homestead rights, the proof must show a combination of both overt acts of homestead usage and the intention on the part of the owner to claim the land as a homestead.”
    3 later decisions quote this exact passage
  2. “[I]nvestigation of intention need not be made when the land is actually put to homestead uses. Such actual use of the land is the most satisfactory and convincing evidence of intention.”
    3 later decisions quote this exact passage
  3. “The homestead of a family, or of a single adult person, shall be and is hereby protected from forced sale, for the payment of all debts except for the purchase money thereof, or a part of the purchase money, the taxes due thereon, or for work and material used in constructing improvements thereon, and in this last case only when the work and material are contracted for in writing, with the consent of both spouses, in the case of a family homestead, given in the same manner as is required in making a sale and conveyance of the homestead nor may the owner or claimant of the property claimed as homestead, if married, sell or abandon the homestead without the consent of the other spouse, given in such a manner as may be prescribed by law. No mortgage, trust deed, or other lien on the homestead shall ever be valid, except for the purchase money therefor, or improvements made thereon, as hereinbefore provided, whether such mortgage, or trust deed, or other lien, shall have been created by the owner alone, or together with his or her spouse, in case the owner is married. All pretended sales of the homestead involving any condition of defeasance shall be void. This amendment shall become effective upon its adoption.”
    2 later decisions 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.