Cole v. Cole’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““An examination of the decisions of the Department of the Interior and General Land Office, in cases relating to the public lands, shows clearly how the officers of the general government in whom is vested the power to pass upon homestead entries and proofs' of residence and to issue patents construe section 2291. “ ‘The devisee of a homestead claimant is entitled to all the privileges that would descend to the heirs.’ (In the case of H. G. Dodge, 1 Land Dec. Dept. Int. 47.) “ ‘In the event of a homesteader’s death, final proof may be submitted by any one of the devisees, and if such proof is found satisfactory, the certificate should issue in the name of the devisees of the said homesteader generally.’ (Brown v. Hughes’ Devisees, 17 Land Dec. Dept. Int. 156.) “ ‘Where an instrument purporting to be the last will and testament of a deceased homestead entryman is duly admitted to probate in the proper court, it will be recognized by the department as legally established.’ (Eberhardt v. Heirs of Selich, 33 Land Dec. Dept. Int. 342.) “In that ease the entryman died about a year and a half after making his entry. He left a will devising all his property, and especially his interest in his homestead, to the Evangelical Lutheran Church. After a very full discussion the right of the church as devisee was sustained.””

   1 later decision quote this exact passage
   e.g. Daniels v. Isham

2. ““If section 2291 designated the widow and heirs only as the ones to whom the right to perfect and complete the entry and obtain a patent is given, as is the case under the Timber Culture Act (Act June 14, 1878, 20 U. S. Stats, at Large, c. 190, p. 114) and the Oregon Donation Act (Act Sept. 27, 1850, 9 U. S. Stats, at Large, c. 76, p. 496), upon which some of the cases cited by defendants are based, the contention of defendants would be sound, but in the homestead act, and in that act only, the entryman’s devisees are placed upon the same footing with his heirs. Note the language of the act, ‘or if he be dead his widow, or in case of her death his heirs or devisee.’ U. S. Rev. Stats., sec. 2291.””

   1 later decision quote this exact passage
   e.g. Daniels v. Isham