Hoose v. Doody’s Empirical Analysis

Citation profile

2 federal appellate · 10 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) Control — The claimant must exercise a degree of use and control over the parcel that is normal and customary considering the characteristics of the land (reflecting the former elements of “actual,” and in some ways “exclusive,” possession); (2) Intent — The claimant must demonstrate intent to claim full ownership of the tract superior to the rights of all others, particularly the legal owner (reflecting the former elements of “claim of right,” “exclusive,” “hostile,” and “adverse”); (3) Notice — The claimant’s actions with respect to the land must be sufficient to give actual or constructive notice to the legal owner of the claimant’s intent and exclusive control (reflecting the former “visible,” “open,” “notorious,” and in some ways the “hostile,” elements); and (4) Duration — The claimant must satisfy each of these elements continuously for the required period of time (reflecting the former “continuous” element).”

   5 later decisions quote this exact passage
   e.g. Jeffrey B. Morgan and Wendi S. Morgan v. Andrew White and Holly White · Larry Edward Flick v. Jewell Reuter

2. “all taxes and special assessments that the adverse possessor or claimant reasonably believes in good faith to be due on the land or real estate during the period of adverse possessor or claimant claims to have possesses the land or real estate adversely.”

   2 later decisions quote this exact passage
   e.g. Larry Edward Flick v. Jewell Reuter · Roberts v. Feitz

3. “the preservation of judicial resources, opportunity for full development of the ree-ord, utilization of trial court fact-finding expertise, and assurance of a claim being tested by the adversary process.”

   1 later decision quote this exact passage
   e.g. Slone v. State