The San Francisco call., 1897-07-07
A BLYTHE
DECISION
SURPRISE
Three Millions Of Property
Decreed to the Blythe
Company.
CIRCUIT JUDGE MORROW'S ORDER.
Mrs. Florence Hinokley Is De-
prived of the Entire
Estate.
CIRCUIT JUDGE MORROW'S ORDER
THE JUDGMENT WAS IN DEFAULT.
W. q. q. Hart, Her Attorney, Says
he Will Upset the Edict on
an Old Order.

United States Circuit Judge W. W. Nor
row handed out a de cision in the Blythe
estate case which took the breath from
all interested parties in that cele ebrated
litigation. Briefly stated he took the
entire estate away from Mrs. Florence
Blythe-Hinckley and gave it to the Blylhe
Company, otherwise known as the English
or Liverpool Blythes.
This decision came up in the case of
John w. and Henry T. Blythe against
Florence Blythe -Hinckley and the Blythe
Company. The company. in its answer
swung into line and made all of the other
parties defendants, and out of this posi-
tion grew a complexity of situations that
made the judges, clerks and lawyers
scratch their heads to keep track of.
Motions. amendments, answers, bills,
cross-com plants, etc., followed each other
in almost endless confusion. The last, so
far as the court apparently Iecollected,
was that the Blythe Company filed cross
bill in which it denied the rights of Mrs
Hinckley to the estate of the late Thomas
II. Blythe and setting up Its own rights
t the same. a process was issued on the
second cross-blIl to Mrs. Hinckley and
Others.
The latter failed to appear and plead
ithin the time allowed by law. and the
case went by default Under the equity
rules the court took all the facts set forth
in the cross bill to be true. and ordered a
decree in favor of the Blythe Company.
To all around the Federal courts this was
a genuine surprise, for none could con-
ceive how after fighting for years Tor the
estate the attorneys for Mrs. Hinckiey
could let the case go by default
The substance of Judge Mo:row's decree
was as follows:
Decree in favor OF The Bly, the Com pany, cross
com plainant. The crosS-sult OF the Blythe Com
pany herein, having come on TO be heard ex
parte upon the cross-bill of complaint OF the
Blythe company herein taken pro confesso
and the amendments thereto, and the plead
ings, files, records, orders, processes and re-
turns of service thereof in the above-entitled
suit and in the cross-Sult therein OF said The
Blythe Company, a corporation, and II ap-
pearing among other things The Blythe Com
pany by George w. Towle Jr., its solicit or, had
appeared and answered to the bill of COM
plaint, to the amended bill OF complaint and
10 the second amended and supplement tai bill
of mpiaint OF compla1nants on file In this
suit, ana that all the parties respondents i'll
this suit had duly aud regularly appeared
therein and submitted to the jurisdiction of
the court in the premises; ind thereupon
that the Blythe Company, respondents, had
du Y and regularly obtained the order of the
court permitting 1t TO file a cross. bill OF COM
plant against all the other parties 10 the
suit, and had on the 10th day of Fe bruary
fl led its cross bill of plaint IN equity; and
that the proper process of subpoena had been
issued and duly and regularly served upon the
respondents, Florence Blythe Hinkley, John
w. Blythe and Henry t. Blythe, all as re-
quired by law and the orders OF this court;
and that no appearance had been entered
thereto by or for said named persons within
the time required by law or the rules or or
ders OF the court, and that no plea, answer or
demurrer TO the cross-bill OF complaint mad
been made or fled, and that the time for en-
tering all appearance in res ponse TO the Cross
bill OF complaint and TO the several subpenas
b ad long since expired.
the time expired on the first Monday of
April of this year for Florence yythe Hinckiey.
and the time Tor John w. Blythe and Henry
7. Blythe expired month later. NO extern
sion had been allowed
The decree then says that in conse-
ouence of all the facts set forth it is
ordered and decreed that the bill of COM
paint OF the Blythe Com pany be taken
pro confesso, and that this company at
the TIME of filing the cross-bll of COM
paint was and still is the sole owner of
and entitled to the imm ediate possession
Of that land and property known as the
Blythe block, bounded by Geary, Kearny,
Market and Grant avenue, together with
the rrnts and profits accrulng therefrom,
and that the Blythe Company do have
and be let into the immediate possession
of this land and property.
1t was further decreed that at the time
this suit was commenced none OF the par
ties were in possession of the property,
and since the suit was commenced
Florence Blythe Hinckley has wrongfulIy
obtained and been in possession of and
now holds and maintains wrongful pos
session OF this property, which is valued
al upward of So 00OOOO
That since Mrs. Hinckley has been in
possession she has collected from more
than hundred tenants an aggregate
rental of about $12 00C month, out of
which she has paid all claims against
Thomas ID. Blythe, deceased.
order further enioins and restraints
Mrs Hinckley, John w. B ythe and Henry
L. Blythe from asserting any further
claim or title to the properly.
Judge Morrow, in continuing on these
lines, said that Thomas II. Blythe died
lntestate, leaving neither father, mother,
brother nor sister, vile nor child, that he
was not married regularly or by contract,
and never adopted any child. nor did he
acknowledge himself to be the father of
any cnlld, and that Florence Blythe
Hinckiey was born about 1873 in England.
and that being an alien could not. under
United States laws, become an heir to his
estate, and further that the next OF kin
ana HelT5'dt-ldW are entitled to inherit
and succeed to the estate. which shonlo
go to Alexander Jones. William Jones and
Jane Mandsley, Elizabeth Jsques, Robert
Dover. Elizabeth Dover, Helena Blythe
White, Hanna Monck, Jane Page lanes
Blythe Page, Eleanor Blythe Page and
George Page.
The latter conveyed their in terest to the
Blythe Company, now the sole owner of
this property and entitled to the rents
and profits thereof. Also that the claims
of John w. and Henry I. Blythe and
Florence Blythe Hinckley are false and
groundless, and it was further ordered
that the Blythe Com panv have all proper
writs of process OF the court in aid of the
enforcement cf the decree
As soon as w. II. H. Hart, the attorney
for Mrs. Hinckley, heard of the decree he
hastened to the clerks room and declared
that the whole matter was mistake aud
a misunderstanding on the part of Judge
Morrow. He hunted through the big nile
of documents of the case and at last
triumphantly brought out an order signed