McBryde v. . Patterson’s Empirical Analysis

Citation profile

2 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the ‘old mode of procedure’ in a petition for partition, if the defendant pleaded ‘sole seizure,’ the proceeding was stayed by the court. The plaintiff directed to bring an action of ejectment to try the title, and the defendant required to confess an ‘actual ouster’ for the purpose of enabling the plaintiff to bring the action, as a tenant in common could not maintain ejectment against his co-tenant unless there had been an actual ‘ouster.’ * * * The plea of ‘sole seizure’ is put on the construction of the rules of descent. Bat. Rev. c. 36, rule 2, making the point of law, is the bastard sister of a bastard brother, entitled to land purchased by him, to the exclusion of brothers and sisters born in lawful wedlock? That is a question of law which his honor ought to have decided, and one which the judge of probate had no right to decide, as it involved a question of title to real estate, which, under the old mode of procedure, could only have been disposed of in an action of ejectment, and in regard to which C. C. P., Hie judge of probate, had no jurisdiction. It was likewise, supposing the plaintiff's had an interest, the duty of his honor to have disposed of the question of fraud in the procurement of the execution of the deed of Carolina Gordon, by having an issue of fact tried by a jury. After this ihe superior court would have been in a position to issue a writ of procedendo to the judge of the court of probate, if the result of the subsequent proceedings made it n”

   1 later decision quote this exact passage
   e.g. Gilbert v. Hopkins