Brown v. Brabb’s Empirical Analysis
1887
Citation profile
2 district · 17 state decisions
How this case has been cited
Cited by 19 later decisions — most recently March 1935
2 district · 17 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 Stewart v. Platt · Yeatman v. Savings Institution · Thompson v. . Van Vechten · Fearey v. Cummings · Parshall v. . Eggert
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.
““It is claimed in bebalf of the defendants that the word ‘creditors,’ in the act of 1833, only applies to a person whose debt originated after the execution of the mortgage, and during the default in filing, and that by the true construction of the act a mortgage of chattels is not void for an omission to file the same, as against a creditor whose debt antedated the execution of the mortgage, or, at least, that it is valid as against an antecedent creditor, provided it is filed before he acquired a lien upon the mortgaged property. It is to be observed that the limited meaning of the word ‘creditors’ in the act of 1833, insisted upon in behalf of the defendant, has no support in the litera] reading _of the act. The first section declares that a mortgage of chattels •which shall not be accompanied by an immediate delivery, and an actual and continued change of possession, of the things mortgaged, ‘shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or e true copy thereof, shall be filed as directed in the succeeding section of the act.’ There is nothing in the language of the section confining the meaning of the word ‘creditors,’ or restricting its natural sense, or which indicates an intention to distinguish between a creditor who became such before, and one who became a creditor after, the execution of the mortgage. The section speaks of ‘subsequent purchasers and mortgage”
1 later decision quote this exact passage“‘•'The mortgage cannot be legally questioned until the creditor clothes himself with a judgment and execution, or with some legal process against his property; for creditors cannot interfere with the property of their debtor without process."”
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.