McNutt v. Nellans’s Empirical Analysis
1910
Citation profile
3 federal appellate · 17 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 1973
3 federal appellate · 17 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 Vought v. . Williams · Fleming v. . Burnham · Townshend v. Goodfellow · Conley v. Finn · 9 E.H. Smith 377 - Simon v. . Vanderveer
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In determining whether a title is so doubtful that equity will refuse to compel a purchaser to accept it the court is not required to pass upon the validity of the title itself; the parties whose possible claims may affect the title are not before the court, and no judgment which the court could render would bind them. . . . A marketable title in equity is one in which there is no doubt involved, either as to matter of law or fact. (Maupin Mark. Title to Real Estate, 2 ed., ch. 31; Herman v. Somers et al., Appellants, 158 Pa. St. 424; Fleming et al. v. Burnham et al., 100 N. Y. 1 ; Vought et al. v. Williams, 120 N. Y. 253 .)” (p. 428.)”
2 later decisions quote this exact passage · from the majority““The objection which the plaintiffs still make to the title is that the judgment was rendered upon service by publication and may be vacated at any time within three years. The doctrine, however, is established by numerous decisions that the title of a purchaser in good faith who relies upon a judgment quieting title to the land in his grantor can not be affected or disturbed by the vacation of the judgment, but is protected by the express provisions of the statute. (Civ. Code, § 77, Gen. Stat. 1901, §4511; Code, 1909, §83; Howard, Adm’r, v. Entreken, Adm’r, 24 Kan. 428 ; Loan Co, v. Cable, 65 Kan. 306 ; Randall v. Barker, 67 Kan. 774 .) If, therefore, the plaintiffs had taken a conveyance from the defendant their title would not be affected by the vacation of the judgment, provided they could prove that they purchased in good faith' and in reliance upon the judgment.” (p. 427.)”
1 later decision quote this exact passage · from the majoritye.g. Whiteman v. Cornwell
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.