Keely v. Sanders’s Empirical Analysis

Citation profile

11 federal appellate · 6 district · 41 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 84 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Besides, all possible attack upon the prima facies of the certificate was limited by the express provisions of the act, which enacted, as before stated, that it should only be affected as evidence of the regularity and validity of sale, by establishing the fact that the property was not subject to taxes, or that the taxes had been paid previous to sale, or that the property had been redeemed. This left to the owner of lauds subject to the tax every substantial right. It was his duty to pay the tax when it was due. His land was charged with it hy the act of Congress, not hy the commissioners; and the proceeding ending in a sale was simply a mode of compelling the discharge of his duty. All his substantial rights were assured to him by the permission to show that he owed no tax, that his land was not taxable; that he had paid what was due; or that he had redeemed .his land after sale. He was thus permitted to assert everything of substance — everything except mere irregularities.””

   1 later decision quote this exact passage · from the majority
   e.g. Maxwell v. Page

2. “While it may be admitted that a statutory right of redemption is to be favorably regarded, it is nevertheless true that it is a statutory right exclusively, and can only be claimed in the cases and under the circumstances prescribed. Courts cannot extend the time, or make any exceptions not made in the statute. Redemption cannot be had in equity (Mitchell v. Green, 10 Metc. (Mass.) 101), except as it may be permitted by statute, and then only under such conditions as it may attach. Craig v. Flanagan [Flanagin], 21 Ark. 319 . Thus it has been held that the pendency of the civil war, and the fact that the owner resided in another State then in rebellion, cannot enlarge his right to redeem. Finley v. Brown, 22 Iowa 538 . It is enough, however, for the present case that there was no attempt or even offer to redeem.”

   1 later decision quote this exact passage · from the majority
   e.g. 449 F. Supp. 922 - Anselmo v. James

3. “‘‘Jfurther than this, whether the military authority had been established in Shelby counts’ before the commissioners entered upon the discharge of their duties, is a political question, to be answered by the executive branch of the government, and not by the courts. In its nature it was incapable of being determined by the latter. Successive juries might give to it different and contradictory answers.””

   1 later decision quote this exact passage · from the majority
   e.g. Moyer v. Peabody