87 Mo. App. 440 - State ex rel. Fields v. Cryts’s Empirical Analysis
1901
Citation profile
2
cited by 2 later decisions
1
states following
January 1997
most recently cited
1 state decisions
Relationships
Relies on Mansue-Tebbetts Implement Co. v. Ritchie · Colbern v. Robinson · Paddock-Hawley Iron Co. v. McDonald · Weatherwax v. State · J. S. Merrill Drug Co. v. Knighton
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is not the law that a creditor, holding two or more securities for his debt, is compelled to surrender one, in favor of an unsecured creditor, even though the one left is ample to pay his debt. The doctrine of marshalling assets is an equitable one and can only be invoked at the instance of a creditor holding a junior mortgage. [[Image here]] A creditor, having two or more different mortgages on different property as to unsecured creditors, has the right to resort to which of his mortgages he will, one or more or all of them for the payment of his debt. Unsecured creditors have a right to any surplus that may remain over, after the payment of the secured debt, but not the right to force the secured creditor to rely on any particular security or securities he has and to release the others to them.””
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.