McQueen v. Lampley’s Empirical Analysis

Citation profile

26 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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Disclaimer, or denial of possession, would have put in issue the question, and only the question, of possession. The former is an admission of defendant’s possession, with denial of plaintiff’s title; the latter an admission of plaintiff’s title, with denial of defendant’s possession. They are incompatible defenses and cannot be pleaded together. — Bernstein v. Humes, 60 Ala. 582 [ 31 Am. Rep. 52 ].” “We submit if there should not be some change of the statute on this subject. Should not a defendant, in a case like the present, have equal right with the plaintiff, who brings him into court, to so plead as to put the question of boundary in issue and have the jury pass upon it? The plaintiff, by controverting the disclaimer and averring the defendant was in possession when the suit was brought, may have a verdict and judgment on the question of boundary. He may, however, decline to do so and thus leave the controversy in such form as to invite other suits.””

   1 later decision quote this exact passage
   e.g. Howard v. Martin

2. ““Disclaimer, or denial of possession, would have put in issue the question, and only the question, of possession. The former is an admission of defendants’ possession, with denial of plaintiff’s title; the latter, an admission of plaintiff’s title, with denial of defendant’s possession. They are incompatible defenses, and cannot bo pleaded together. Bernstein v. Humes, 60 Ala. 582 [ 31 Am. Rep. 52 ].””

   1 later decision quote this exact passage
   e.g. Marbury Lumber Co. v. Wainwright