Johnson v. Cherry’s Empirical Analysis

Citation profile

1 federal appellate · 13 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In addition to [grantor’s] testimony regarding his intentions, the evidence was that the repurchase price was exactly 10% more than the original price; the land was worth almost twice as much as the original ‘sale’ price; the lease price equaled exactly 9% interest on the balance of the note to [grantor’s] ex-wife assumed by [grantee] and 18% interest on the alleged purchase price; [grantor] was indebted to other creditors for approximately $119,000 of the $120,000 he received from [grantee]; [grantor] was within one week of losing the land entirely; and [grantor] had told a real estate agent he was not interested in listing his property for sale ... [grant- or’s] testimony and the testimony of the other witnesses constitute some evidence upon which the jury could base its finding that the mortgage was disguised as a deed.”

   1 later decision quote this exact passage
   e.g. Jay v. Nesco Acceptance Corp. (In Re Jay)

2. “An offer by Johnson to repay the loan was a condition precedent to his suit to convert the deed into a mortgage. Although Johnson failed to offer repayment, Cherry did not complain of Johnson’s error until he was before the court of appeals. But equity regards that which should be done as done. In order for equity to convert the deed into a mortgage, equity must also award judgment equal to the amount owed to Cherry. Johnson is indebted to Cherry for the $120,000 loaned, for the $38,000 note to his ex-wife which Cherry has paid in full, and for interest... .We further create a lien in favor of Cherry against Johnson’s 148 acres in Shelby County not covered under the homestead exemption.”

   1 later decision quote this exact passage
   e.g. Chase Manhattan Mortgage Corp. v. Cook

3. “The equitable power of the court exists to do fairness and is flexible and adaptable to particular exigencies, “so that relief will be granted when, in view of all the circumstances, to deny it would permit one party to suffer a gross wrong at the hands of the other.””

   1 later decision quote this exact passage
   e.g. Chase Manhattan Mortgage Corp. v. Cook