9 Cal. App. 3d 132 - Marsh v. Edelstein’s Empirical Analysis
1970
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently May 2005
18 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 Security-First National Bank v. Superior Court · 12 Cal. 2d 618 - Johns v. Scobie · 29 Cal. 2d 414 - West v. Evans · 192 Cal. App. 2d 105 - Stevens v. Torregano · Meeks v. Hahn
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“from the very nature of the case title by adverse possession cannot be acquired against the administrator or executor.... There is nothing, therefore, and can be nothing, to put the administrator upon notice that the devisee is claiming in hostility to him. The devisee may, as in this case, honestly believe that he is holding against all the world, including the estate, but in truth he is holding against all the world except the estate, since under the law his whole title is subordinate to the estate's rights.”
1 later decision quote this exact passage“[C]an a devisee of an estate or a grantee of a devisee entering into possession of realty by virtue of title actually or colorably derived from the estate and asserting title from no other independent source acquire, under these circumstances, a title against the estate by adverse possession so as to relieve the property from the statutory requirement that it shall be subject to the demands of administration. This question must be answered in the negative: ...”
1 later decision quote this exact passage“[t]he administrator's or executor's possession never has been and never will be construed as possession in hostility to the heir or devisee, ...”
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.