Arhart v. Thompson’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We point out in Bartholomew v. Bartholomew, 60 N.D. 441 , 235 N.W. 147 , that sec. 28-2732, Rev.Code (Sec. 7846, Supp.), makes provision, in a case tried without a jury, for the retention of jurisdiction by this court when it appears additional material evidence can be furnished, so that litigation may be finally determined upon the appeal, if possible. In that event this court will remand the case to the trial court for the taking of such testimony and the making of findings thereon. “In conformity with such rule, and as stated in Hettinger County v. Trousdale, 69 N.D. 505, 511 , 288 N.W. 25, 28 , this case is remanded to the district court with instructions to permit additional testimony to be presented on all issues, by both sides, after which the district court will make further findings and cause the additional record to be settled, certified and returned to the court with the record that is now remanded.” Arhart v. Thompson, 75 N.D. 189, 206 , 26 N.W.2d 523, 531 .”

   1 later decision quote this exact passage
   e.g. Gunsch v. Gunsch

2. “Every grant of an estate in real property is conclusive against the grantor and every one subsequently claiming under him, except a purchaser or encumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that first is duly recorded.”

   1 later decision quote this exact passage
   e.g. Gajewski v. Bratcher

3. “A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute and the instrument takes effect thereupon, discharged of any condition on which the delivery was made.”

   1 later decision quote this exact passage
   e.g. Gajewski v. Bratcher