Blythe

Blythe v. Ayres

Good Law
102 Cal. 254·1894 Cal. LEXIS 630·36 P. 522
Supreme Court of CaliforniaApril 24, 1894Nos. 15411, 15528California2,856 words

Opinion

lead Opinion

McFarland, J.

No. 15411 is an appeal by the Blythe Company, a corporation, from a judgment rendered in favor of the respondent, Florence Blythe; and No. 15528 is an appeal from an order denying a motion for a new trial in the same case. Both appeals are here considered and determined. A number of other appeals, taken by various other defendants, were argued and submitted at the time of the argument and submission of said appeals Nos. 15411 and 15528; and said other appeals will follow and be determined by the conclusions arrived at in this present opinion.

The proceeding upon which these appeals arose was instituted and prosecuted to judgment by the respondent, Florence Blythe, under 'the provisions of section 1664 of the Code of Civil Procedure, to establish her right to the estate of Thomas H. Blythe, deceased. Nearly two hundred defendants appeared claiming to be collateral kin of the said decedent, Thomas H. Blythe, and as said kin entitled to his estate. They were mostly associated in certain groups, as the “ Williams” claimants; the "Jones” claimants; the “London Savage” claimants; the “ Gypsy” claimants, etc. Their claims to heirship were mostly inconsistent with, and hostile to, each…

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