United States v. Fox’s Empirical Analysis

Citation profile

43 federal appellate · 11 district · 133 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 302 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is an established principle of the law, everywhere recognized, arising from the necessity of the case, that the disposition of immovable property, whether by deed, descent, or any other mode, is exclusively subject to the government within whose jurisdiction the property is situated.””

   11 later decisions quote this exact passage · from the majority
   e.g. Arndt v. Griggs · Childers v. Beaver

2. “The term ‘person’ as here used applies to natural persons, and also to artificial persons, — bodies politic, deriving their existence and powers from legislation,— but cannot be so extended as to include within its meaning the Federal government. It would require an express definition to that effect to give it a sense thus extended.”

   3 later decisions quote this exact passage · from the majority
   e.g. Return Mail, Inc. v. United States Postal Service · Simonian v. Univ. & Cmty. Coll. Sys.

3. ““ The power of the State to regulate the tenure of real property within her limits, and the modes of its acquisition and transfer, and the rules of its descent, and the extent to which a testamentary disposition of it may be exercised by its owners, is undoubted. It is an established principle of law, everywhere recognized, arising from the necessity of the case, that the disposition of immovable property, whether by deed, descent or any other mode, is exclusively subject to the government within whose jurisdiction the property*is situated. McCormick v. Sullivant, 10 Wheat. 202 . . . . Statutes of wills, as is justly observed by the Court of Appeals, aré enabling acts, and prior to the statute of 32 Henry VIII there was no general power'at common law to devise lands. The power was opposed to the feudal policy of holding lands inalienable without the consent of the lord. The English Statute of Wills became a part of the law of New York upon the adoption of her constitution in 1777; and, with some modification in its language, remains so at this day. Every person must, therefore, devise his lands in that State within the limitations of the statute or he cannot devise them at all. His power is bounded by its conditions.””

   2 later decisions quote this exact passage · from the majority
   e.g. Magoun v. Illinois Trust & Savings Bank · United States v. Burnison