Legal Opinion

Blythe v. Hinckley

U.S. Circuit Court for the District of Northern California

Decided December 6, 1897No. 12,144PublishedCited by 14 opinions

This is a suit in equity, to quiet the title of ihe complainants to certain real property in California, as against the claim of the defendants to an adverse estate and interest in the premises. The suit was commenced December 3, 1895, by John W. Blythe, a citizen of Kentucky, and Henry T. Blythe, a citizen of Arkansas, against Florence Blythe iíincldey, Frederick TV. Hinckley, and the Blythe Company, citizens of California.

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This is a suit in equity, to quiet the title of ihe complainants to certain real property in California, as against the claim of the defendants to an adverse estate and interest in the premises. The suit was commenced December 3, 1895, by John W. Blythe, a citizen of Kentucky, and Henry T. Blythe, a citizen of Arkansas, against Florence Blythe iíincldey, Frederick TV. Hinckley, and the Blythe Company, citizens of California. The bill of complaint alleges that ihe complainants are the owners and tenants in common with each other of certain lands described in ihe bill, situated in the city and…

1Opinion of the CourtMorrow, Circuit Judge

(after stating the case as above). The first question is as to the character of the decree entered by this court on July 3, 1897. If it was an interlocutory decree, all the parties are still in court, awaiting the final determination of the cause, and the court retains its control over the decree, with power to reconsider and modify or set it aside, as the rights of the parties may require. Fourniquet v. Perkins, 16 How. 82. If it was a final decree, the parties have undoubtedly been dismissed, and they can only be brought back, and the decision reviewed, by certain well-established rules of…

2Cases cited26 opinions

  1. Dows v. City of ChicagoSupreme Court of the United States · 1871
  2. Holland v. ChallenSupreme Court of the United States · 1884
  3. In Re WightSupreme Court of the United States · 1890
  4. Latta v. KilbournSupreme Court of the United States · 1893
  5. Harris v. HardemanSupreme Court of the United States · 1853

21 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Pankey v. OrtizNew Mexico Supreme Court · 1921
  3. Whitaker v. WrightSupreme Court of Florida · 1930
  4. In re Broadway Savings Trust Co.Court of Appeals for the Eighth Circuit · 1907
  5. Senitha v. RobertsonCourt of Appeals for the Fourth Circuit · 1930

9 more not listed; retrieve them via the Exa API.

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