Smith v. Edwards’s Empirical Analysis

Citation profile

1 district · 8 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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Mere constructive notice of the deed by reason of its being filed for record is not notice of the facts constituting the fraud.”

   2 later decisions quote this exact passage · from the majority
   e.g. 2004 UT App 290 - Rappleye v. Rappleye · 2018 UT App 232 - Wells Fargo Bank v. Noerring

2. ““Under the statute [57-3-2, U.O.A., 1953] from the time of filing the conveyance with the recorder it shall impart notice to all persons of the contents thereof. From the time of recording these conveyances all persons, including plaintiffs, notice was imparted to them that the conveyances contained the statements above quoted. That the plaintiffs and- all other persons had notice that such conveyances had been made and recorded seems to go without saying, for surely, if one is charged with notice of the contents, he .must be charged with notice of the existence of the document itself. * :|! * ***** “ * * * Unless the notice referred to in Comp.Laws Utah 1917, § 4900 [57-3-2], means what it says then one is left to trace out from the uncertainties of human activities, memories, and conflicting interests what the facts were. Evidently the statute was intended to constitute notice of the contents of the recorded document, without reference to place of residence or otherwise.””

   1 later decision quote this exact passage · from the majority
   e.g. McKellar v. McKellar

3. “Record imparts notice. — Every conveyance, or instrument in writing affecting real estate, executed, acknowledged or proved, and certified, in the manner prescribed by this title, and every patent to lands within this state duly executed and verified according to law, and every judgment, order or decree of any court of record in this state, or a copy thereof, required by law to be recorded in the office of the county recorder, and every financing statement which complies with the provisions of § 70A-9-402 shall, from the time of filing the same with the recorder for record, impart notice to all persons of the contents thereof; and subsequent purchasers, mortgagees and lien holders shall be deemed to purchase and take with notice.”

   1 later decision quote this exact passage · from the majority
   e.g. 511 F. Supp. 250 - Peterson v. United States