Snow v. Starr’s Empirical Analysis

Citation profile

4 federal appellate · 67 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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The evidence showed beyond controversy that J. M. Kinchen had occupied land very near, if not across, the dividing line of sections 1 and 3, as a naked possessor, at least from the fall of 1850 to 1869 or 1870, when he moved away. Upon the questions whether his improvements were upon the one section or the other, or upon both, the evidence was conflicting. The preponderance of the evidence was that probably the dwelling house at least was upon the land in controversy. The line was not well defined at that point. It required a survey to establish it. The improvements were not only near the dividing line between sections 1 and 3, but also very near the intersection of the lines which divided the four sections from each other. At one time they probably extended over a part of each of the four sections. J. M. Kinchen testified that he settled the land believing it to be vacant, but always claimed section X. But it was indisputably proved that from the years 1867 to 1871, inclusive, he conveyed by warranty deeds to sundry persons separate parcels of section 3; the remainder he conveyed to defendant in 1879.””

   1 later decision quote this exact passage
   e.g. Lutcher v. Reed

2. ““If you believe from the evidence that J. M. Kinchen took possession of the land on or near the line between sections 1 and 3 of the land referred to in evidence, and made improvements thereon, and that such improvements were partly on section 1 and partly on section 3, and held peaceable and adverse possession of the same for a period of ten years; and you further believe that during the time he so held the land he claimed said section No. 3, and acquired title to the same by limitation, and appropriated the same for his own use, then you will find for plaintiffs all of section 1, except that part covered by Kinchen’s improvements — for under the law Kinchen could only acquire title to 640 acres of land by ten years limitation by virtue of one and the same possession.””

   1 later decision quote this exact passage
   e.g. Lutcher v. Reed

3. “‘‘Without entering into a discussion in detail of the objections urged to the charge of the court, it is sufficient to- say that it correctly presented the law of the case, and though in some particulars it might have been more specific, it was not, in view of the evidence, in any respect misleading.””

   1 later decision quote this exact passage
   e.g. Lutcher v. Reed