Parr v. Worley’s Empirical Analysis
1979
Citation profile
6 state decisions
How this case has been cited
Cited by 6 later decisions — most recently October 2018
6 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 Marks v. Atchison, Topeka & Santa Fe Railway Co. · Stuart v. Fox · Nickson v. Garry · Moody v. Palmer · Askins v. British-American Oil Producing Co.
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.
“It is a rule practically without exception that a conveyance of land abutting on a road, highway, alley, or other way, is presumed to take the fee to the center line of the way. The presumption, however, is a rebuttable one. After all, it depends upon the intention of the parties to the deed, to be ascertained from its language, viewed in the light of the surrounding circumstances. The presumption may be overcome either by express words or by the use of such words as necessarily exclude the highway from the description of the premises conveyed; but in case the language is of doubtful meaning, the presumption will prevail. (Citations omitted.) [Emphasis added.] Nickson v. Garry, 51 N.M. 100, 106 , 179 P.2d 524, 527-28 (1947). See Weldon v. Heron, 78 N.M. 427 , 432 P.2d 392 (1967); 3 American Law of Property § 12.112 (A. J. Casner ed. 1952); G. Thompson, Commentaries on the Modern Law of Real Property, Vol. 6, § 3068 (Repl. ed. 1962); H. Tiffany, The Law of Real Property, Vol. 4, § 996 (1975); Annot., 49 A.L.R.2d 982 (1956). See also Tagliaferri v. Grande, 16 N.M. 486, 493 , 120 P. 730, 732 (1911) * * *.”
1 later decision quote this exact passage“The area, as stated in the deed, is the only other fact, either from the deed or from the surrounding circumstances, which could arguably indicate that the reference to the highway was not intended by the parties as a monument indicating the boundary. This fact alone is not sufficient.”
1 later decision quote this exact passage“We are unwilling to hold that the mere statement of quantity in the deeds clearly and plainly disclosed that such was the intention of the parties, and in such case the doubt should be resolved against the grantor.”
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.