Prouty v. Barlow’s Empirical Analysis

Citation profile

1 district · 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This being so, the case is a very simple one; for Conceding, without so deciding, that the parties to the farm contract were co-tenants in the crop, still the plaintiff was given by the terms of the contract a lien on the ex ecution debtor’s share of the grain, by way of a mortgage or pledge. .The defendant’s counsel say it was a mortgage, but it is immaterial which it was. The findings show that this lien was based upon a valuable consideration, and created under circumstances which rebut any inference of fraud in the premises. The case then falls within the rule that, if a mortgagee or pledgee takes possession of the mortgaged or pledged chattels before any other lien attaches thereto, his title is valid as against subsequent attachment or execution creditors, there being no fraud in fact, although the mortgage was not filed or the chattels delivered when the contract of pledge was made. Jones, Chat. Mort, §§ 178, 245; Jones, Pledges, § 38; Baker v. Pottle, 48 Minn. 479 , 51 N. W. 383 ; Clark v. Richards Lumber Co., 68 Minn. 282 , 288, 71 N. W. 389 .””

   1 later decision quote this exact passage
   e.g. In re Bird