Schad v. Sharp’s Empirical Analysis

Citation profile

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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Tte true principle to he deduced from Taylor v. Zepp, 14 Mo. 482 ; Blair v. Smith, 16 Mo. 273 , and Turner v. Baker, 64 Mo. 218 , to wtict we are cited as an authority for these instructions, is thus stated in Jacobs v. Moseley, supra: ‘Where there is a dispute as to tte true division line between adjoining proprietors, or tte line is uncertain, and they are both ignorant as to its true location, and they fix and agree upon a permanent boundary line and take possession accordingly, the agreement is binding on them and those claiming under them.’ In this case both plaintiff and defendant were ignorant of the true line. The only information they had on that subject was that derived from Parks, who told them ‘that the fence was on the line or near to it,’ and there is not a scintilla of evidence of any agreement between, them that the German line should be the boundary line between them, regardless of the actual location of the true line. . . We think there was no error in refusing these instructions. In actions at law the Supreme Court will not pass upon the weight of the evidence. [Webb v. Webb, 87 Mo. 541 .]””

   1 later decision quote this exact passage
   e.g. Foard v. McAnnelly

2. ““ ‘It is tte well-settled law in this State that when two adjoining proprietors are divided by a fence wtict they suppose to he tte true line, each claiming only to the true line, they are not bound by tte supposed line, tut must conform to the true line when ascertained.’ [Jacobs v. Moseley, 91 Mo. 457 ; Tamm v. Kellogg, 49 Mo. 118 ; Thomas v. Babb, 45 Mo. 384 .] Their possession under mistake or ignorance of tte true line dividing their premises, and without intending to claim beyond tte true line when discovered, will not work a disseisin in favor of either party. [Houx v. Batteen, 68 Mo. 84 ; St. Louis University v. McCune, 28 Mo. 481 .]””

   1 later decision quote this exact passage
   e.g. Foard v. McAnnelly

3. ““It is one of the fundamentals of the law that, where tho record of a court of general jurisdiction shows that it assumed to exercise jurisdiction over persons or subject-matter, that in the absence or silence of tho record as to any fact showing the acquisition of jurisdiction, or how it was acquired, that then jurisdiction is to be presumed; for tho rule is that ‘nothing shall be intended to be out of the jurisdiction of a superior court, but which specially appears to be so. ’ ””

   1 later decision quote this exact passage
   e.g. Miller v. Chicago, M. & St. P. Ry. Co.