Tucker v. Murphy’s Empirical Analysis

Citation profile

2 federal appellate · 26 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that, ordinarily, after the lapse of 30 years, tbe power of a person who assumes to bave executed a deed under power of another or in a fiduciary capacity will be presumed. This, however, is but a presumption of fact, which is indulged upon the idea that time has made it impracticable to make such proof of the actual existence of the power, as may be made in regard to matters recently transpiring. Whether such a presumption will or may be indulged in a given ease must depend on the facts presented. In one case the facts in relation to a deed, purporting to have been executed under a power, may be such as to preclude the idea that there still exists means, other than such as the deed itself affords, and the acts of the parties claiming under or adversely to it long continued present, whereby to prove the actual existence of the power, and in such a case the power will be often presumed. In another case the deed may be shown by itself to have been executed under a power, but under such circumstances that the primary proof of the existence of the power must be presumed to exist. In such case the failure to produce such primary proof, or to show that it cannot be produced, would seem to require the holding that the evidence of the existence of the power, which arises from the ancient character of the instrument, and the action of those interested under or adversely to it, is not sufficient proof. In the case before ns the deed which it is claimed is sufficient evidenc”

   1 later decision quote this exact passage
   e.g. Middlesworth v. Houston Oil Co. of Texas

2. ““Ordinarily, after the lapse of 30 years', the power of a person who assumes to have executed a deed, under power from another, or in a fiduciary capacity, will be presumed. This, however, is but a presumption of fact, which is indulged upon the idea that time had made it imprácticable to make such proof of the actual existence of the power as may be made in regard to matters recently transpiring. Whether such a presumption will or may be indulged in a given ease must depend on the facts presented.””

   1 later decision quote this exact passage
   e.g. James v. Gaal