Scott v. Pettigrew’s Empirical Analysis

Citation profile

1 federal appellate · 22 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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If the grant was for land located between older surveys having marked and. identified boundaries, and these older surveys were called for in the field notes qf the grant, and the ‘footsteps’ of the surveyor who located the grant could not be found upon the ground, then excess in area would he of no consequence, because the intent to grant the land between the marked boundaries of the older surveys would he clear. Bigham v. McDowell, 69 Tex. 100 , 7 S. W. 315 . But where no older surveys are called for in the grant, and there is nothing indicating an intent to embrace in the grant land not included in the area named, and the footsteps of the surveyor who made the location are found upon a part only of the boundaries of the grant, we think the jury should not be instructed to fix the unmarked and undefined boundaries regardless of the fact of excess. The fact of excess in area should have been left to the jury to be considered in connection with all other evidence, without suggestion from the court as to what weight it was entitled to in determining so much of the boundaries as were not identified by marks and objects upon the ground.””

   2 later decisions quote this exact passage
   e.g. Platt v. Vermillion · 27 Tex. Civ. App. 183 - Yoacham v. McCurdy & Daniels