Olwell v. Clark’s Empirical Analysis
1982
Citation profile
19 state decisions
How this case has been cited
Cited by 19 later decisions — most recently November 2025
19 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 Elder v. McClaskey · 10 Utah 2d 126 - Heiselt v. Heiselt · 18 Utah 2d 303 - Scott v. Hansen · Beckstrom v. Beckstrom · McCready v. Fredericksen
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where the moving party would bear the burden of proof at trial, the movant must establish each element of his claim in order to show that he is entitled to judgment as a matter of law.”
3 later decisions quote this exact passage“[T]he cotenancy relationship [gives] rise to two presumptions: first, possession and use by one eotenant is presumed to be possession and use by all cotenants, and second, any act calculated to protect the property against a lien or sale, or otherwise, will be presumed to be for the benefit of all cotenants unless the contrary is clearly made to appear.... [T]he [McCready ] Court ... held that in order for a party to adversely possess property against his cotenant, the coten-ancy must be disavowed “by acts of the most open and notorious character” which show clearly to the whole world the claimant’s intention to exclude the rights of his cotenant.”
2 later decisions quote this exact passage“to adversely possess property against [a] cotenant, the cotenancy must be disavowed by acts of the most open and notorious character ... which show clearly to the whole world the claimant's intention to exclude the rights of his cotenant.”
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.