Whittaker v. Pendola’s Empirical Analysis

Citation profile

2 district · 14 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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendant, not having shown any capacity in himself to acquire the government title to the demanded premises, nor any effort or intention to do so, stands in the position of a mere naked trespasser upon the public domain, with an in closure erected and maintained contrary to the express provisions of the act of Congress of February 25, 1885 (Stats. 1884-85, p. 321); and the main question in the case is, whether by such unauthorized inclosure he can prevent a homestead entry of the land by a citizen of the United States who goes peaceably upon a portion of a tract, and in other respects complies with the' law7. This is the precise question, or the converse of it, involved and decided in the case of Haven v. Haws, 63 Cal. 514 ; and on the authority of that case we hold that this plaintiff had the right to make his homestead entry of the whole tract, notwithstanding the possession by defendant of the greater portion of it.””

   1 later decision quote this exact passage
   e.g. Kitts v. Austin

2. ““The evidence, therefore, brought the plaintiff squarely within the provisions of the second section of the act of the legislature of this state passed March 23,1874 (Stats. 1873-74), which reads as follows: — “‘Sec. 2. Every qualified homestead claimant under the homestead laws of the United States residing on public laud of the United States within this state who shall have made his original homestead entry in accord- ' anee with said laws shall, from the date of such entry, be deemed to have title to and be in possession of all the land described in such entry, as against trespassers and all persons having no superior right or title to the same, as long as he shall continue to reside thereon, and to comply in good faith with said homestead laws/ “Under this law the plaintiff must be deemed to have the title as against the 'defendant to the demanded premises.””

   1 later decision quote this exact passage
   e.g. Kitts v. Austin