Dikeman v. Arnold’s Empirical Analysis
1889
Citation profile
2 federal appellate · 16 state decisions
How this case has been cited
Cited by 18 later decisions — most recently November 1964
2 federal appellate · 16 state decisions
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 Hourtienne v. Schnoor · Nugent v. Teachout · Pierson v. Spaulding · Dikeman v. Arnold · Stevenson v. Jackson
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ But the contract was not void as far as the land was concerned not embraced within the homestead; and, if he had deeded in conformity with it, such deed would have conveyed his title to the excess over and above the homestead. Stevenson v. Jackson, 40 Mich. 702 ; Dye v. Mann, 10 Mich. 291 ; Wallace v. Harris, 32 Mich. 380 ; Shoemaker v. Collins, 49 Mich. 595, 597 ( 14 N. W. 559 ). In Phillips v. Stauch, 20 Mich. 369 , where a specific performance was denied in arcase where a portion of the premises was a - homestead^ and the wife did not join in the bond for a deed given by the husband, the bill was dismissed without prejudice to any proceeding at law which the complainant might ‘be advised to institute upon the bond for a deed mentioned in the pleadings.’ See pages 381, 384. This, in view of the reasoning of the opinion in the case, is an intimation that the complainant could sue upon the bond at law for damages. We think the contract was good between Arnold and the plaintiffs. He knew when he made it that he could not perform it without the signature of his wife to the deed. He, in effect, bound himself to procure such signature. It in nowise differs in this respect from a contract to sell lands which one does not own at the time he makes such contract. The fact that one did not have the legal title at the time he made the contract, and could not procure it afterwards, has never been recognized as a legal defense to an action for breach of the contract.””
1 later decision quote this exact passage““ It is now strenuously insisted that the plaintiffs cannot recover in this action as now entered as to damages, because the contracts of the 11th and 16th of June are absolutely-void, for the reason that part of the premises mentioned in said contracts is the homestead, and that the same could not be deeded or contracted away without the signature of Mrs. Arnold.””
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.