Herbert v. Babson’s Empirical Analysis
1985
Citation profile
2
cited by 2 later decisions
1
states following
October 2015
most recently cited
2 state decisions
Relationships
Relies on Brewer v. Brewer · 19 N.C. App. 617 - Collier v. Welker · 42 N.C. App. 428 - Hi-Fort, Inc. v. Burnette · 57 N.C. App. 336 - Sheets v. Sheets · Isley v. . Bridge Co.
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A tenant in common may ... acquire the title of cotenants by constructive ouster. If a cotenant occupies the entire property for twenty years to the exclusion of a cotenant it is presumed there was an ouster at the time of the entry and it is presumed the action of the occupying cotenant during this period includes everything necessary to establish adverse possession.”
1 later decision quote this exact passage“[i]f one tenant in common has been in sole and undisturbed possession and use of the property for twenty years, without any demand for rents, profits or possession by the cotenants, constructive ouster of the cotenants is presumed, and the ouster relates back to the initial taking of possession by the tenant in possession.”
1 later decision quote this exact passage“does anything to recognize title of the cotenants during the twenty-year period, the presumption of ouster does not arise.”
1 later decision quote this exact passage
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.