Ramirez v. Smith’s Empirical Analysis

Citation profile

5 federal appellate · 92 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 102 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The proposition that the possession must be inconsistent with that of the person holding the legal title, applied as here attempted, would entirely destroy the doctrine of notice by possession. A purchaser, without troubling to inform himself as to the claim of the possessor, might assume any possession to be consistent with the legal title of record, as that the possessor was holding as tenant of or otherwise in subordination to the holder of such title. But the law permits him to make no such assumption, and the reason is that the possession puts him on inquiry, which he must prosecute with reasonable diligence.”

   1 later decision quote this exact passage
   e.g. Markley v. Martin

2. ““That where a possessor of land has two claims to it, one of record and the other not, the possession is not notice of the unrecorded claim; the reason being that the record furnished a sufficient answer to the inquiry excited by the possession.””

   1 later decision quote this exact passage
   e.g. Kelly v. Blakeney