Wilson v. Boyce’s Empirical Analysis

Citation profile

1 federal appellate · 2 district · 33 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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Under the provisions of these acts and subsequent legislation the railroad was sold out, and defendant claims that the land in controversy could not have been sold because not included in the term ‘appurtenances,’ used in the act of February 22, .1851; that land outside of and not necessary to the use of the road is not appurtenant to it. It becomes necessary in this case to consider how much would be included in the term, had not the legislative intention been otherwise made clear. Were we compelled to go into the questions, it might become necessary to inquire into the object for which the land was acquired,—whether it must be held subordinate to or might be acquired independent of the only object of the organization. But the act of March 3, 1857, giving further aid to the several companies, and which was expressly accepted by them, not content with the term ‘appurtenances,’ uses the more unambiguous and sweeping phras’e, ‘the road and. property of the several companies,’ etc., unequivocally showing the intention to cover by the lien of the state all corporate property of the companies named in the act. Subsequent, acts expressly refer to and cover land like that in controversy, and leave the legislative intention without a shadow of a doubt. The act of February 15, 1861 (Sess. Acts 1863-64-, p. 382), authorizes the St. Louis & Iron Mountain Railroad Company to sell and loan its lands not needed i'or the use and purposes of the road, and provides that their proceeds shall ”

   1 later decision quote this exact passage
   e.g. Wilson v. Ward Lumber Co.

2. ““In the first mortgage, the state took its security upon the road and its appurtenances. In its second mortgage, it authorized and obtained security, not only upon the road of the company and every part thereof, but also upon its property, meaning its other property, and all of its other property. It is difficult to conceive any reason for this extension of language in the statute, except an intended extension of security. Time had passed without a completion of the road. A large additional loan was now made; and a desire to receive additional security gives a natural and logical explanation to the additional words inserted in the mortgage.””

   1 later decision quote this exact passage · from the majority
   e.g. Wilson v. Ward Lumber Co.

3. ““The generality of its language forms no objection to the validity of the mortgage. A deed ‘of all my estate’ is sufficient. So a deed ‘of all my lands wherever situated’ is good to pass title. Johnson v. De Laney, 4 Cow. (N. Y.) 427; Pond v. Berg, 10 Paige (N. Y.), 140; 1 Atk. on Conv. 2. A mortgage ‘of all my property,’ like the one we are considering, is sufficient to transfer title.””

   1 later decision quote this exact passage · from the majority
   e.g. Immel v. Albany Iron Works