Gould v. Wise’s Empirical Analysis
1893
Citation profile
33 state decisions
How this case has been cited
Cited by 33 later decisions — most recently March 1984 · most notably 74 Cal. App. 2d 312 - Peterson v. Peterson (1946), 35 Cal. App. 44 - Marks v. Reissinger (1917)
33 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Burson v. Huntington · Eyerts v. Agnes · Fitzgerald v. Goff · Harkreader v. Clayton · Henry v. Carson
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 33 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Delivery is the force that vitalizes the instrument. Here there was no life in the instrument, because there was no delivery. Delivery is dependent upon the intention, the consent of the grantor, and here there was an entire absence of intention to make a delivery until the notes and mortgage were also delivered. The respective acts of the grantee and grantor as to the delivery of the deed and the securities were to be concurrent. The delivery of the deed was dependent upon the assent of the grantor, and his assent was dependent upon the performance of acts by the grantee. The grantee’s possession of the deed upon any other terms or conditions was against the assent of the grantor, and for that reason the instrument had no life. This principle is elementary.””
1 later decision quote this exact passagee.g. Bowers v. Cottrell““Again, it has been repeatedly held that the fraudulent procurement of a deed deposited as an escrow from the depositary by the grantee named therein will not operate to pass title.””
1 later decision quote this exact passagee.g. Bowers v. Cottrell
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.