St. Onge v. Blakely’s Empirical Analysis

Citation profile

45 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 47 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Counsel for Blakely cite authorities to the effect that, in an action to establish title to real estate by adverse possession, such declarations made by the claimant are admissible to show that the possession was hostile and the quality and extent of the interest claimed, etc., (cases) and assert there is no difference in the character of proof required to establish adverse use of the water and that of real estate. Counsel’s statement is not strictly accurate. While in each instance the right is established by proof of hostile possession of another’s property, with proof of other attending circumstances, the hostile possession of lands may be shown by proof of ‘such acts of ownership and occupancy as are sufficient to “hoist his flag” over the lands, so that all may observe it’ (Collins v. Thode, 54 Mont. 405 , 170 P. 940 ), and such exclusive possession of necessity ousts the true owner from the land; two parties may at the same time be in possession of water from a creek and neither hold adverse to the other; each may justly claim the right to use the water he is using, without affecting the rights of the other, and therefore, in order to constitute adverse possession of water, the burden is upon the claimant to show that his use of the water deprived the prior appropriators of water at times when such prior appropriators actually needed the water; the use does not become adverse until it interferes with the use thereof by the prior appropriators, and therefore proof merel”

   1 later decision quote this exact passage · from the majority
   e.g. Graham v. Leek

2. “The right to use water may be owned without regard to the title to the land upon which the water is used; it is a possessory right which may be acquired by appropriation and diversion for a beneficial use; such a right can be acquired by a squatter on public lands ....”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Barthelmess Ranch Corp.