McDonald v. Miller’s Empirical Analysis

Citation profile

1 district · 17 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The statute in question has no application to this action. The action involves no property of the estate of Alexander McDonald. While it is a suit between his son and daughter, neither appears in this action in the capacity of executor, administrator, personal representative, or heir. The subject matter of the action is a quarter section of land, the title to which passed from the deceased prior to his death. The issue between the parties is whether the deed is an absolute conveyance or whether it will be impressed with a trust by a court of equity for the purpose of carrying out an agreement or understanding, expressed or implied, between the grantor and the grantee for the benefit of the plaintiff. “Neither of the parties appears in this action in any capacity that brings them within the statute. It was error for the trial court to exclude the appellant’s proffered testimony on the ground that it came within and was prohibited by the statute.””

   1 later decision quote this exact passage
   e.g. Shong v. Farmers' & Merchants' State Bank, Inc.

2. “"The evidence to establish an implied trust, however, must be clear and convincing. There must be a satisfactory showing of a wrongful detention of the property, or fraud, undue influence, the violation of a trust, or other wrongful act by virtue of which the party is holding title to property which he should not hold under the rules of equity and good conscience. The evidence must be strong enough to lead to but one conclusion. If the evidence is doubtful or capable of reasonable explanation upon theories other than the existence of a trust it is not sufficient to establish a trust. See 35 A.L.R. 286 , 307; 45 A.L.R. 852 ; 80 A.L.R. 198 and cases cited. See also 2 Bogert on Trusts and Trustees, § 464 [1935]." [Emphasis added.]”

   1 later decision quote this exact passage
   e.g. Scheid v. Scheid

3. ““1. A constructive trust will be imposed by the courts in order to do equity and prevent unjust enrichment when title to property is acquired by fraud, duress, undue influence, or is acquired or retained in violation of a fiduciary duty. “3. The existence of a constructive or resulting trust in real property may be established by parol evidence that is clear, convincing and satisfactory. “4. Where it is sought to impose a constructive trust upon a conveyance of real estate the existence of a confidential relationship between the grantor and grantee is of major importance to be considered in connection with other facts and circumstances in the case.””

   1 later decision quote this exact passage
   e.g. Wildfang-Miller Motors, Inc. v. Miller