Hill v. Conrad’s Empirical Analysis

Citation profile

39 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 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The rule which we deduce from the American authorities is, that a trustee or donee of a power may execute the power conferred upon him by an instrument which does not refer to the power itself, but in such ease to make the execution of the power valid it must appear from tbe instrument or from tbe attending circumstances that the donee or trustee did in fact act under and by virtue of the power conferred upon him to dispose of the property in question and .that it was his intention to dispose of tbe property in accordance with the power so conferred. If from the circumstances or the instrument executed it be doubtful as to whether it was tbe intention to execute the power possessed by -the grantor, then it will not be held that by such act or conveyance that power was in fact executed.””

   3 later decisions quote this exact passage
   e.g. Armstrong v. Palmer · Morgan v. White

2. ““The rule recognized in these decisions is that if the grantor has no estate in the land which can pass by the deed, but has a power to convey the title of another, his act will be referred to his power, because the purchaser will be supposed to have bought in reliance on it.””

   1 later decision quote this exact passage
   e.g. Bennett v. Laws