Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-03-30
THE BLODGET CASE
Full Text of the Decision of Chief
Justice Bingham.
REPRESENTATIVES OF THE ESTATE
The Court Holds Their Contract is
Champertous.
A n OLD TIM E AIM
AN OLD TIME CLAIM

The action of Chief Justice Bingham,
tuesday last, in directing verdict for the
defendant in the case Of ]. ]. johnson VS..
Kate Van Wyck, reported in The Star at
the time. is generally regarded as finally
concluding those suits at law arising under
what is known as 1.-The BIZ dget claim al
though the decision of Chief Justice Bing
ham is, Of course, subject to appeal But,
be that as 1t may, the decision is of the ut
most importance to perhaps hundreds Of
owners of real estate in the District, own
ing property which at one time was part
of tract of over 400 acres Of ian1 within
this city, called Jamaica" lying north OF
what Is now Rhode Island avenue and ex-
tending from what is now Connecticut
avenue easterly to and embracing part OF
what is now known as lie Dr)it Park.
This tract was owned at the Time of the
laying out of this city 10y Samuel Blodget,
sometimes called Samuel Blodget. jr. Janu-
airy %. 1904, he conveyed to Thomas john
son and Thomas Peter, in joint tenancy
in trust to secure the payment of prizes in
a lottery scheme gotten up AMI managed
by him, the lands, tenementS, real estate
and property of said Blodget in the terri
tory of Columbia" The capital prize in the
lottery was drawn by one Robert s. Bick-
ley, and Blodget failing to pay it, Buckley
sued him In Pennsylvania, and recovered
judgment for S26,6i5.1 ID, and then filed
bill in equity in the late Circuit Court Of
the District against Blodget and all others
interested for a foreclosure AMI sale under
the trust to Johnson and Peter.
Blodgefs Property Sold.
Buckley successful, and, under the
decreed sale, George Budd and Henry Pratt
purchased agents for him, and the sales
were finally ratified, June, 1906 In 1907,
1913 and 1926 more Of Blodgets property
was conveyed to Buckley. and. without re-
citing in detail the various conveyances by
Buckley to the subsequent possessors of
the real estate coming to him from Blodget
1t can be said that those whose legal abili-
ties make them competent to speak hold
that there can be no doubt that the title
to all of 1t comes regularly down by deeds
duly executed and recorded from Buckley to
the present owners and occupants
June -, 1872 however, more than sixty
years after Blodget's title was eXtinguished,
during which period the purchasers re-
manned in undisturbed possession, an agree
ment was recorded between John A. Brit
ton ct al, calling themselves children,
grandchildren ana heirs of Samuel Blodget,
deceased" and Lorin Blodget, by which 1t
was agreed that the parties of the first part
appoint the second party 1Iorin Blodget)
their agent and attorney in the matter of
the said estate and claims of Samuel Blod-
get, and empower him to sue for and re-
cover such estates and claims, and to make
conveyances and accept releases as in his
judgment may seem best, and that of all
the property and moneys received the said
Lorin Blodget Is to have one-half and the
balance distributed
A Further Agreement.
March %, 1882, Lorin Blodget made an
agreement with one VIM. F. Boogher, where
by Boogher agreed to assist Lorin Blodgat
>, L. e
the property and similar work, Boogher to
receive in payment one-fourth of sums re-
covered. They also agreed that certificates
of share interests in said estate should be
prepared at estimated value of $3.50, 900,
to be deposited with some trust company
security to them and to the heirs of
Samuel Blodget. The Union Trust Company
of Philadelphia was made the depository.
Numerous conveyances by those claiming
under Samuel Blodget followed, conveying
to Lorin Blodget, Boogher and other par
ties interest in the original Blodget estate.
and MIR. ]. j. johnson, an attorney of this
city, became trustee under deed of
trust dated January 10, 1855, to proceed to
the recovery of the disputed real estate,
and distribute the proceeds under the agree
ment between Lorin Blodget, Boogher and
the heirs Of Samuel BlodSet, and 30 shares
in the estate were issued and sold to pro-
vide the necessary funds for prosecuting
the cases against the present owners.
Mr.. Johnson thereupon Instituted a suit at
law against Kate Van Wyck, who is the
present owner Of a parcel in the original
Blodget tract and the case was reached in
Circuit Court No. 2, before Chief Justice
Bingham, on the 10Th instant. Several
days were occupied in presenting documen-
tary evidence, setting out the claims of the
plaintiff, and three different occasions
the question of champerty was raised by
the defense. The plaintiff rested his case
last, when the defendant again
presented the question of champerty. The |
great length and
next day as stated in The Star, Chief Jus |
tice Bingham sustained the contention of |
the defendant and directed the jury to re- |
turn verdict in her favor, which was &C |
done. The particular parcel |
owned by the defendant was admitted to !
he valued at $4,000, and hence the case |
will be carried TO the United States Su- |
preme Court, 1t is said, before either side |
will give up the contest.
The Chief Justices Decision.
The decision of Chief Justice Bingham is
as follows:
II have listened very attentively, both !