Wait v. Pearson’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But it may be noted that all of these cases with one exception (noted below) concern the situation where the vendor, despite the recorded sale to the purchaser, remains in physical possession of the entire tract of land sold. In such instances, such unexplained continued physical retention of the property sold gives rise (as the cases cited indicate) to a presumption that the continued possession by the vendor is for the benefit of the purchaser. This legal presumption might be explained in terms of the probabilities of human nature. It would be extremely unusual behavior for a purchaser who has bought and paid for some property to permit without protest his seller to retain possession thereof under a claim adverse to the purchaser’s. “However, in the present instance, as in Louisiana Highway Commission v. Raxsdaie, La.App., 12 So.2d 631 , the purchaser went into possession of part of the property sold and the vendor retained possession of another part. In this cited case, without discussion, the Court held that the continued possession per se by the vendor was adverse to the purchaser. “After serious reflection, we think that under the circumstances of the Raxsdale and the instant cases, where the purchaser goes into possession of only part of the contiguous property purchased, then a presumption does not arise that the unexplained continued possession by the vendor of the other part of the property is for the benefit of the purchaser and is not adverse thereto. “For it wou”

   1 later decision quote this exact passage
   e.g. Watson v. Crown-Zellerbach Corp.