9 N.C. App. 645 - Cooper v. Floyd’s Empirical Analysis

Citation profile

4 federal appellate · 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Appellants argue forgery is a fraud and that one who seeks to quiet his title clouded by a forged deed necessarily seeks relief from a fraud; hence his action is for relief on the grounds of fraud, within the meaning of [the applicable statute of limitation]. We cannot agree with this view. Here, the fraud practiced by Craig primarily was a fraud upon the grantees in the forged deeds [in our case, the fraud would have been practiced by Smith Snagg against Universal]. Plaintiff's action was not based upon the fraud, but upon the title to her property, concededly valid before fraud was committed, and which plaintiff has done nothing to impair. Her action was to have it adjudged that her valid title remains unimpaired by whatever fraud may have been practiced by some of the defendants upon other defendants. The general rule is that when fraud is only an incident to a cause of action a statute of limitations applicable to relief against fraud cannot be invoked in a suit to quiet title or to remove a cloud therefrom.”

   1 later decision quote this exact passage
   e.g. 793 So. 2d 1000 - Moore v. Smith-Snagg