Roach v. Renfro’s Empirical Analysis
1998
Citation profile
1 district · 4 state decisions
Relationships
Relies on 41 Tenn. App. 222 - Preston v. Smith · 34 Tenn. App. 480 - Central Bus Lines, Inc. v. Hamilton Nat. Bank · Browder v. Hite · STATE EX REL. ELVIS PRESLEY INTL. MEMORIAL FOUNDATION v. Crowell · Sanders v. Forcum-Lannom, Inc.
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is well-established that a constructive trust arises contrary to intention and in invitum [against an unwilling party], against one who, by fraud, actual or constructive, by duress or abuse of confidence, by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. Central Bus Lines v. Hamilton Nat. Bank, 34 Tenn.App. 480 , 239 S.W.2d 583, 585 (1951); Sanders v. Forcum-Lannom, Inc., 225 Tenn. 637 , 475 S.W.2d 172, 174 (1972).”
2 later decisions quote this exact passage“(1) where a person procures the legal title to property in violation of some duty, express or implied, to the true owner; (2) where the title to property is obtained by fraud, duress or other inequitable means; (3) where a person makes use of some relation of influence or confidence to obtain the legal title upon more advantageous terms than could otherwise have been obtained; and (4) where a person acquires property with notice that another is entitled to its benefits.”
1 later decision quote this exact passage“(1) Conduct which amount to a false representation or concealment of material facts, or, at least, which is calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party subsequently attempts to assert; (2) Intention, or at least the expectation that such conduct shall be acted upon by the other party; (3) Knowledge, actual or constructive, of the real facts.”
1 later decision quote this exact passage
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.