Carkuff v. Balmer’s Empirical Analysis

Citation profile

9 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““In construing a deed, the primary purpose is ‘to ascertain and effectuate the grantor’s intent, and deeds are construed in the same manner as contracts.’ State Bank & Trust of Kenmare v. Brekke, 1999 ND 212, ¶ 12 , 602 N.W.2d 681 ; see Williams Co. v. Hamilton, 427 N.W.2d 822, 823 (N.D.1988). If a deed is unambiguous, this Court determines the parties’ intent from the instrument itself. See Brekke, at ¶ 12; Stracka v. Peterson, 377 N.W.2d 580, 582 (N.D. 1985). In other words, ‘[t]he language of the deed, if clear and explicit, governs its interpretation; the parties’ mutual intentions must be ascertained from the four corners of the deed, if possible.’ North Shore, Inc. v. Wakefield, 530 N.W.2d 297, 300 (N.D.1995); see N.D.C.C. §§ 9-07-02, 9-07-03, 9-07-04, 47-09-11. Whether or not a contract is ambiguous is a question of law. Brekke , at ¶ 12.””

   3 later decisions quote this exact passage
   e.g. Wagner v. Crossland Construction Company, Inc. · Waldock v. Amber Harvest Corp.

2. “The after-acquired title doctrine “is one under which title to land acquired by a grantor who previously attempted to convey title to the same land which he did not then own inures automatically to the benefit of his prior grantee.” Torgerson v. Rose, 339 N.W.2d 79, 82 (N.D.1983).(quotation omitted).”

   1 later decision quote this exact passage
   e.g. Hall v. Malloy

3. “a quitclaim deed conveys only the grantor's interest or title, if any , in property, rather than the property itself.”

   1 later decision quote this exact passage
   e.g. Nelson v. Mattson