Arnholt v. Hartwig’s Empirical Analysis

Citation profile

18 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““No one but a purchaser for a valuable consideration can claim title to property which has been fraudulently assigned, against the action of attaching creditors. Such purchasers are protected upon the equitable principle .that they should not be deprived of that which they have honestly and without notice of any fraud, bought and paid for in fair dealing with the person holding the legal title. But 'the consideration must in all cases be actually passed before notice. Unless payment has been actually made in some shape, the authorities are quite clear that the purchase will not be upheld. In equity, a purchaser is protected to the extent of the payments actually made, and no further, even where future payments are provided for, unless those are secured in such a manner that the purchaser cannot be relieved against them.””

   1 later decision quote this exact passage
   e.g. McFadyen and Brown v. Masters

2. “It is a settled rule in equity that a purchaser without notice, to be entitled to protection, must not only be so at the time of the contract of conveyance, but must be so at the time of the payment of the purchase money.”

   1 later decision quote this exact passage
   e.g. Benson v. Watkins