Seitz v. Mitchell’s Empirical Analysis

Citation profile

12 federal appellate · 10 district · 64 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 106 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Purchases of either real or personal property made by the wife of an insolvent debtor during coverture are justly regarded with suspicion, unless it clearly appears that the consideration was paid out of her separate estate. Such is the community of interest between husband and wife; such purchases are so often made the cover for the debtor’s property, are so frequently resorted to for the purpose of withdrawing his property from the reach of his creditors and preserving, it for his own use, and they hold forth such temptations for fraud, that they " require close scrutiny. In a contention between the creditors of the husband and the wife there is, and there should be, a presumption against her which she must overcome by affirmative proof. Such has always been the rule of the common law, and the rule continued, though statutes have modified the doctrine that gave to the husband absolutely the personal property of the wife in possession, and the right to reduce into his possession and ownership all her choses in action. Authorities to this effect are very numerous.” Seitz v. Mitchell, 94 U. S. 580 , 24 L. Ed. 179 .”

   3 later decisions quote this exact passage · from the majority
   e.g. Pope v. Cantwell · Woodford v. Rice

2. ““In the case of a purchase after marriage, the burden is upon the wife to prove distinctly that she paid for it * * with funds which were not furnished by the husband. In Keeny v. Good, 21 Penn. St. 349 , where the contest was between a wife and her husband’s creditors, it was ruled that mere evidence that she purchased the property during the coverture is not sufficient to give her title; that it must satisfactorily be shown • that the property was paid for with her own separate funds; and that, in the absence of such evidence, the presumption is a violent one, that the husband furnished the means of payment.””

   1 later decision quote this exact passage · from the majority
   e.g. Hedrick v. Hockfield

3. ““Purchases of real or personal property, made during coverture by the wife of an insolvent debtor, are justly regarded with suspicion. She cannot prevail in contests between his creditors and her, involving their right to subject property so acquired to the payment of his debts, unless the presumption that it was not paid for out of her separate estate be overcome by affirmative proof.””

   1 later decision quote this exact passage
   e.g. Hedrick v. Hockfield