Stark v. Starrs’s Empirical Analysis
73 U.S. 402 · 1867
Citation profile
30 federal appellate · 9 district · 92 state decisions
How this case has been cited
Cited by 238 later decisions (56 by the Supreme Court) — most recently July 2002 · most notably United States v. Detroit Timber & Lumber Co. (1906), Shively v. Bowlby (1894)
30 federal appellate · 9 district · 92 state decisions — followed in 22 states
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 Lindsey v. Hawes
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 238 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'“The right to a patent, once vested, is treated by the government when dealing with the public lands as equivalent to a patent issued. When in fact the patent does issue, it relates back to the inception of the right of the patentee, so far as it may be neces-,sáry to cut off intervening claimants.””
8 later decisions quote this exact passage · from the majority““His possession must be accompanied with a claim of right, that is, must be founded upon title, legal or equitable, and such claim or title must be exhibited by the proofs, and, perhaps, in the pleadings also, before the" adverse claimant can be required to produce the evidence upon which he rests • his claim of an adverse estate or interest.”. •”
7 later decisions quote this exact passage · from the majority““The principle is well settled that where one party has acquired the legal title 'to property to which another has the better right, a court of equity will convert him into a trustee of the true owner and compel him to convey the legal title.” Stark v. Starr, 6 Wall. 402, 419 , 18 L. Ed. 925, 930 ; Silver v. Ladd, 7 Wall. 219 , 19 L. Ed. 138 ; Cornelius v. Wessel, 128 U. S. 461 , 32 L. Ed. 484 , 9 Sup. Ct. Rep. 122; Bernier v. Bernier, 147 U. S. 242 , 37 L. Ed. 152 , 13 Sup. Ct. Rep. 244; Re Emblen 161 U S. 52, 40 L. Ed. 613 , 16 Sup. Ct. Rep. 487.””
3 later decisions quote this exact passage · from the majority
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.