Burnett v. Caldwell’s Empirical Analysis
76 U.S. 290 · 1869
Citation profile
17 state decisions
How this case has been cited
Cited by 20 later decisions (1 by the Supreme Court) — most recently November 2015
17 state decisions — followed in 14 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Weed v. Crane
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The legal principles which must govern the determination of the case are all well settled. If the contract in such cases be silent as to possession by the vendee, he is not entitled to it [citing cases]. If the contract stipulates for possession by the vendee, or the vendor puts him in possession, he holds as a licensee. The relation of landlord and tenant does not subsist between the parties. The characteristic feature of that relation is wanting. The vendee pays nothing for the enjoyment of the property. The case comes within the category of a license [citing eases]. In such eases the vendee cannot dispute the title of the vendor any more than the lessee can question the title of his lessor [citing cases]. The assignee of the vendee is as much bound by the estoppel as the vendee himself [citing case]. Upon default in payment of any installment of the purchase money, the possession becomes tortious, and the vendor may at once bring ejectment.””
1 later decision quote this exact passage · from the majoritye.g. Lewis v. Rouse
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.