Botkin v. Pyle’s Empirical Analysis
1932
Citation profile
4 federal appellate · 38 state decisions
How this case has been cited
Cited by 42 later decisions — most recently April 2018 · most notably Page v. Clark (1979), Atchison v. City of Englewood (1977)
4 federal appellate · 38 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 Hallett v. Alexander · Bray v. Trower · Cree v. Lewis · Walker v. Bruce · Cortez Land & Securities Co. v. Stabler
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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Constructive trusts] are raised by equity in respect of property which has been acquired by fraud, or where, though acquired originally without fraud, it is against equity that it should be retained by him who holds it.”
4 later decisions quote this exact passage · from the majoritye.g. Page v. Clark · Shepler v. Whalen“"In order to establish a resulting trust, it is said: `It is settled by a complete unanimity of decision that such evidence must be clear, strong, unequivocal, unmistakable, and must establish the fact of the payment by the alleged beneficiary beyond a doubt.' Pomeroy's Equity Jurisprudence, vol. 3 (4th Ed.) p. 2357. Further, in discussing the degree, as well as the quantum, of proof, necessary to establish a constructive trust, the same author says: `The existence of a constructive trust, as of a resulting one, must be proved by clear, unequivocal evidence.' Volume 3, p. 2421. * * * The burden of establishing either a constructive or resulting trust is upon him who seeks its enforcement. * *"”
3 later decisions quote this exact passage · from the majority“[where ... the husband acquires and pays for real property, and causes his wife's name to be inserted in the deed as one of the grantees therein, there is a presumption that he intended it as a gift or advancement, and the burden of showing otherwise is upon him who asserts it.”
1 later decision quote this exact passage · from the majority
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.