Blanchard v. Brown’s Empirical Analysis

Citation profile

4 federal appellate ·

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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““He [defendant] chose rather to risk his whole defense in the impeachment of Brown’s [plaintiff’s] title for fraud, and because the sale was vitiated by-irregularities and the property sacrificed. Having failed before the jury, he is estopped from investigating the same matters in another jurisdiction. He waived his right to have the questions of fraud litigated. in the court of chancery when he presented it as a defense to the action at law, and the defense was legitimate and proper, for such questions of fraud and irregularity as were raised could he disposed of as well at law as in chancery. * * ⅛ In fact, the whole record shows that Blanchard claims equitable relief on substantially the same grounds and sustained by the same evidence that he relied on to defeat the action of ejectment. The decision in Miles v. Caldwell is therefore applicable. In that case, as in this, the question of fraud had been submitted to the jury, and determined against the complainant; and this court held that he was barred by the proceedings in ejectment, and could not raise anew in chancery the same questions that were heard at law.””

   1 later decision quote this exact passage · from the majority
   e.g. Kilham v. Wilson