Turner v. Shaw’s Empirical Analysis

Citation profile

27 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But it may be urged that this deed was utterly invalid, because it was executed by the wife alone. However this may be as to mere statutory estates, which require a joinder of husband and wife in order to their valid execu- lion, it will not hold as to separate estates in equity, which the wife may charge, mortgage, or convey without let or hindrance from her husband. With regard to such property she is, in equity, a feme sole, and has the jus disponendi, which is the inseparable incident of ownership. By virtue of this she charges, she incumbers, or she absolutely disposes of it, or she binds it by her parol agreements, just as any other owner would. This position is sustained by abundant authority, both here and elsewhere. Livingston v. Livingston, 2 Johns. Ch. 537 ; Whitesides v. Cannon, 23 Mo. 457 ; King v. Mittalberger, 50 Mo. 182 ; McQuie v. Peay, 58 Mo. 56 ; Claflin v. Van Wagoner, 32 Mo. 252 ; Schafroth v. Ambs, 46 Mo. 114 ; Kimm v. Weippert, Id. 532; Lincoln v. Rowe, 51 Mo. 571 ; De Baun v. Van Wagoner, 56 Mo. 347 ; Gay v. Ihm, 69 Mo. 584 ; 1 Bish. Mar. Wom. § 853; 2 Bish. Mar. Wom. § 163; Taylor v. Meads, 34 Law J. Ch. 203. ””

   1 later decision quote this exact passage
   e.g. Barlow v. Delaney