Kempner v. Comer, Fairris & Dial’s Empirical Analysis

Citation profile

2 federal appellate · 57 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 61 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Where the facts giving rise to the principle of protection do not exist, the principle cannot be invoked. It is conclusively shown that appellants did not act upon any presumption that the notes were community of Mrs. Fairris and her husband; they acted upon an entirely different presumption, or rather assumption; they took the notes as collateral, supposing they were correctly indorsed by the payee, without any information that the payee was the wife of T. L. Fairris or that he had indorsed them with her name. They knew nothing of any facts which would authorize a presumption of community and were not deceived in relation to such facts. They should not be credited with knowing such facts by a mere fiction when the proof is positive that they had no such knowledge. The law will not force them into the attitude of innocent and bona fide holders of the notes against the proof; it will not ■ and ■ought-not to thrust a benefit of a presumption upon them when it is affirmatively shown that the presumption had nothing to do with the transaction. A married woman’s rights ought not to be construed away by any such inequitable process of reasoning.””

   1 later decision quote this exact passage
   e.g. Scruggs v. Gage

2. ““But the parties claiming homestead expressly abandoned and renounced their’ intention to occupy and use the premises as a homestead before it was so used, and this renunciation was made, not by mere declarations, but in the solemn form oí a deed, 1lie wife joining; and all this was done in order to include the property in the deed of Irust then being made to secure advances and borrowed money. Tn such case the law will give effect to the renunciation. There was in fact no homestead in the premises when renounced.””

   1 later decision quote this exact passage
   e.g. Andruss v. People's Building, Loan & Saving Ass'n