Williams v. Kirk’s Empirical Analysis

Citation profile

3 federal appellate · 2 district · 14 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the fraudulent character of a chattel mortgage is such that it may be cured by possession being taken by the mortgagee, and such mortgagee takes possession before the rights of third parties attach, the mortgage will be valid, notwithstanding that it may have been invalid up to the time of taking possession. But this case presents a different consideration. It is placed without the class o-C cases referred to by the fact that here the rights of third parties have intervened, though they had not attached to the property in specie. Between the giving and recording of the mortgage the indebtedness had accrued and the rights had thus intervened. The mortgage was therefore absolutely void and not merely avoidable. In the case at bar, as we have attempted to show, plaintiff’s superior equity arose after the mortgage was made and before possession was taken.””

   1 later decision quote this exact passage
   e.g. In re Wade