Foster v. Berkey’s Empirical Analysis
1863
Citation profile
8 state decisions
How this case has been cited
Cited by 9 later decisions — most recently March 1941
8 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.
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.
““But suppose Symonds [the mortgagor] were Defendant in this suit to establish title in the mortgagee, upon what ground could he avoid the mortgage? No accident, fraud, or mistake is alleged or claimed in regard to the execution of the instrument — would he be permitted to urge that the instrument was invalid, because at the time of the execution of the same, the debt was owned by a third party? It would seem that it would be a matter of indifference to him who held the security, so long as he received the benefit of it, if reduced to possession by the mortgagee, by having the avails of the same applied on his debt. . . . No rule of law or authorities have been cited, showing that a mortgage given under such circumstances is not binding upon the mortgagor. “But if the mortgage is valid as to Symonds, it must be so also as against his creditors, (unless vitiated by fraud,) since they must claim under him, and can only enforce their process against his property.””
1 later decision quote this exact passage““In regard to the mortgage and notes, the Judge charged, that ‘it is incumbent on the Plaintiff to show a consideration for the mortgage, and that it was properly made and filed. It is not necessary that the consideration should move from the party to whom the mortgage is given.’ ””
1 later decision quote this exact passage““The inquiry in regard to this, involves the question of the validity of á mortgage given to secure a debt which is not owned, at the time of the giving the mortgage, by the mortgagee.””
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.