Mostrong v. Jackson’s Empirical Analysis

Citation profile

1 federal appellate · 4 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The issue of whether marketable title exists may be a question of law or a mixed question of law and fact, depending on the cireumstances. Determination of the issue is not on the basis of "whether title ultimately might be adjudged free of defects. Rather, it is whether a reasonably prudent [person], familiar with the facts and apprised of the question of law involved, would accept the title in the ordinary course of business.'" The [buyers] have cited no cases holding, as a matter of law, that real property lacks marketable title for want of lawful access. We have discovered only one case that discusses legal access in the context of marketable title.”

   2 later decisions quote this exact passage
   e.g. Campbell v. Summit Plaza Associates · 2018 UT App 58 - Lauritzen v. First American Title Insurance Co.

2. “access problems do not impair the right to possess property and that only defects related to title as guaranteed to the purchaser and affecting market value will render title unmarketable.”

   1 later decision quote this exact passage
   e.g. 2018 UT App 58 - Lauritzen v. First American Title Insurance Co.

3. “may be freely made the subject of resale ... at a fair price to a reasonable purchaser or mortgaged to a person of reasonable prudence as security for the loan of money.”

   1 later decision quote this exact passage
   e.g. 2018 UT App 58 - Lauritzen v. First American Title Insurance Co.