Turner v. Wilkinson’s Empirical Analysis

Citation profile

32 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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Although it is difficult to establish fixed rules, by which to determine whether a particular transaction is a mortgage, or a conditional sale, there are some facts which are regarded as of controlling importance in determining the question. Did the relation of debtor and creditor exist, before and at the time of the transaction? Or, if not, did the transaction commence in a negotiation for a loan of money? Was there great disparity between the value of the property, and the consideration passing for it? Is there a debt continuing, for the payment of which the vendor is liable? If any one of these facts is found to exist, in a doubtful case, it will go far to show a mortgage was intended. If all of them are found concurring, the transaction will be regarded as a mortgage, rather than a conditional sale, unless the purchaser, by clear and convincing evidence, removes the presumptions, arising from them. Eiland v. Radford, 7 Ala. 724 , 42 Am. Dec. 610 ; Robinson v. Farrelly, 16 Ala. 472 ; Locke’s Ex’r v. Palmer, 26 Ala. 312 ; Crews v. Threadgill, 35 Ala. 334 ; Mobile Bldg. & Loan Ass’n v. Robertson, 65 Ala. 382 .””

   1 later decision quote this exact passage
   e.g. Fowler v. Haggins