Gilmore v. Burch’s Empirical Analysis

Citation profile

1 federal appellate · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The law seems to be well settled that, when one accepts a confidential or fiduciary relation to another, as that of guardian and ward, attorney and client, and the like, where the donee or grantee is supposed to exercise an unusual and commanding influence over the grantor, courts will set aside the conveyance unless the grantee can show that the transaction was fair, and without fraud or undue influence.” Gilmore v. Burch, 7 Or. 374 , 33 Am. Rep. 710 .”

   1 later decision quote this exact passage
   e.g. Egr v. Egr

2. ““The influence of a man over a woman to whom he is engaged to be married is presumed to be so great that in transactions between them the court will look with great vigilance at the circumstances and situation of the-parties, and will not only consider the influence which the intended husband, either by soothing or violence, may have used, but require satisfactory evidence that it has not been used.””

   1 later decision quote this exact passage
   e.g. Hallett v. Fish