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← 75 S.D. 218 - Nelson v. Stadel

Nelson v. Stadel’s Empirical Analysis

1954

Citation profile

4
cited by 4 later decisions
1
states following
November 2012
most recently cited

4 state decisions

Relationships

Relies on Ely v. New Mexico & Arizona Railroad · Clark v. Darlington · Frum v. Weaver · Ward v. Brown

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

  1. “An action may be maintained by any person or persons having or claiming to have an estate or interest in or lien or encumbrance upon any real property, whether in or out of possession thereof and whether such property is vacant or occupied, against any person or persons claiming an estate or interest in or lien or encumbrance upon the same or any part thereof for the purpose of determining such adverse interest, estate, lien, or encumbrance, and against all persons who appear from the records in the office of the register of deeds, the county treasurer, clerk of courts, or other public records in the county where such land lies to have or ever to have had any estate or interest in or lien or encumbrance upon such real property or any part thereof and against personal representatives, heirs at law, devisees, legatees, and creditors of any such person or persons who may be deceased, whether such personal representatives, heirs at law, devisees, legatees, and creditors be known or unknown, and generally against all persons unknown who may have or claim to have any estate or interest in or lien or encumbrance upon such real property or any part thereof for the purpose of quieting the title to such real property and of determining such estate, interest, lien, or encumbrance, and in such action any number of persons may be joined as plaintiffs, whether holding as tenants in common, joint tenants, partners, or in sev-eralty, where the relief demanded in the complaint is common to al”
    1 later decision quote this exact passage
  2. “in general terms only that he has or claims title in fee to the property, or a lien upon interest therein as the case may be, which property must be described with sufficient certainty to enable an officer on execution to identify it; that the defendants are proper parties under the provisions of this chapter, and that the action is brought for the purpose of determining all adverse claims to such property and of quieting title thereto in the plaintiff, or of determining the liens or interest of all parties in and to such property, as the case may be.”
    1 later decision quote this exact passage
  3. ““relieve [the individual, who is bringing the quiet title action,] from the annoyance, and his property from the damaging and depreciating effect, of the constant and standing assertion and meanace [sic] of ... unfounded claim[s]. He is not obliged to ‘suffer in silence’ until such time as the adverse claimant shall see fit to formally and actively predicate judicial or other proceedings upon his claim.””
    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.