73 Cal. App. 655 - Rice v. McCarthy’s Empirical Analysis
1925
Citation profile
1 federal appellate · 18 state decisions
How this case has been cited
Cited by 25 later decisions (2 by the Supreme Court) — most recently November 2017 · most notably United States v. Robbins (1926), Trimble v. Trimble (1933)
1 federal appellate · 18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on In re the Estate of Garcelon · Spreckels v. Spreckels · Roberts v. Wehmeyer · In Re Estate of Brix · Hart v. Church
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The husband has the management and control of the community real property, but the-’wife must join with him in executing any instrument by which such community real property or any interest therein is leased for a longer period than one year, or is sold, conveyed, or encumbered; provided, however, that the sole lease, contract, mortgage or deed of the husband, holding the record title to community real property, to a lessee, purchaser or encumbrancer, in good faith without knowledge of the marriage relation shall be presumed to be valid; but no action to avoid such instrument shall be commenced after the expiration of one year from the filing for record of such instrument in the recorder’s office in the county in which the land is situate.””
1 later decision quote this exact passage““The word ‘presumed’ as used in the declaration of the proviso that every lease, contract, mortgage or deed which is under its protecting aegis ‘shall be presumed to be valid’, is doubtless used in the sense that it is conclusively presumed that every such lease, contract, mortgage or deed is valid. We have then in this part of the section what is tantamount to an express statutory recognition of the passing of the title to the lessee, grantee, vendee or mortgagee whenever those conditions exist which are defined in the proviso. ’ ’”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.