Blythe Co. v. Bankers' Investment Co.

This is an appeal by the plaintiff from the judgment in favor of the defendants, and from an order denying the motion for a new trial. The defendants in the action other than Florence Blythe Moore and her husband have acquired interests in the property in question from said Florence.

The case is notable for the many shapes and forms it has assumed in the process of litigation during the last fifteen or twenty years in the various courts, state and federal, and is remarkable for its vitality and endurance to survive after repeated defeats.

Thomas H. Blythe died intestate in the city and county of San Francisco in this state in April, 1883. "While his estate was in probate and prior to 1887, proceedings were instituted and prosecuted by the respondent, Florence B. Moore, then Florence Blythe, by her guardian (she being then a minor) under the provisions of section 1664 of the Code of Civil Procedure, to establish heirghip, and her right to the estate of Thomas H. Blythe, deceased. Numerous defendants appeared in that proceeding claiming to be kin or- heirs of said deceased, Thomas H. Blythe. Among these it is only necessary to mention John W. Blythe, Henry T. Blythe, Boswell M.…