In re Blythe

This is an appeal by Henry T. Blythe and others from the decree of distribution in the matter of the above-entitled estate.

The petition for distribution was presented by Florence Blythe. She averred, as the foundation of her claim, the decision and judgment made in the matter of said estate in the proceeding entitled Florence Blythe v. Abbie Ayres et al. The appellants appeared, joined issue with the petitioner, and pleaded nul tiel record.

Upon the hearing the decision of the court, as entered in the probate minute-book upon October 22,1890, was offered and admitted in evidence over the objection of appellants. Appellants, in turn, “offered' and demanded that they be permitted to prove that no such judgment existed against them as is alleged against them in the said petition for distribution, because the said *230 judgment (rendered October 22, 1890, in the action or proceeding of Florence Blythe v. Abbie Ayres et al.) had never been entered in the judgment-book; the time to appeal from said judgment had never arrived; the said judgment had never been entered; the action or proceeding was still pending; the alleged appeal taken by Henry T. Blythe et al., as from said judgment,…