Blythe v. Hinckley, 367

• Decision Date: 03 April 1899
• Docket Number: No. 367,367
• Citation: 43 L.Ed. 783,173 U.S. 501,19 S.Ct. 497
• Parties: BLYTHE et. al. v. HINCKLEY
• Court: U.S. Supreme Court

173 U.S. 501

19 S.Ct. 497

43 L.Ed. 783

BLYTHE et. al.

v HINCKLEY.

No. 367.

April 3, 1899.

This was a 'commplaint to quiet title,' brought in accordance with the Code of Civil Procedure of California by John W. Blythe and Henry T. Blythe, citizens of the states of Kentucky and Arkansas, respectively, against Florence Blythe Hinckley, Frederick W. Hinckley, and the Blythe Company, all citizens of California, which alleged that complainants were owners as tenants in common of the real property described therein, and that the defendants, 'and each of them, claim that they have or own adversely to plaintiffs some estate, title, or interest in said lands; but plaintiffs allege that said claims of defendants are false and groundless, and without warrant of law, and their claims to said lands are a cloud upon plaintiffs' title thereto.' Then followed an amended complaint, which repeated the allegations of the original complaint, with some other averments,—among them, 'that at the time of the commencement of this suit neither one of the parties was in possession of said lands, nor any part thereof.' Thereafter a 'second amended and supplemental bill in equity' was filed, which, among other things, set forth that Thomas H. Blythe was the owner of the real estate described at the time of his death; that he died in the city and county of San Francisco, April 4, 1883, being a citizen of the United States, and of the state of California, and a resident of said city and county, and that 'after the death of said Thomas H. Blythe, as hereinbefore alleged, the public administrator of the city and county of San Francisco took charge of the estate of said Blythe, and entered upon the administration of the same'; that Florence Blythe Hinckley was born in England, the child of an unmarried woman; that the mother was a British subject; that Florence remained in England until after the death of Thomas H. Blythe, when, and in 1883, she came to California, being then an infant 10 years old, and 'ineligible to become a citizen of the United States'; and that she was, 'when she arrived in California, a nonresident alien.'

It was then averred that the laws in force in California in 1883 relating to the rights of foreigners and aliens to take real estate by succession, as heirs at law of a deceased citizen of the state of California, were the treaty of 1794 between his Britannic majesty and the United States, the naturalization laws of the United States, and section 17 of article 1 of the constitution of California of 1879, which was made mandatory and prohibitory by section 22; that there were at the death of Blythe certain laws in force in said state, to wit, sections 230 and 1387 of the Civil Code, providing for the adoption and legitimation, and institution of heirship, of illegitimate children; that there was not at any time during Blythe's lifetime any law in force in England under or by force of which he could have legitimated the said Florence, or made her his heir at law, or under which he could have absolved the said Florence from allegiance to her sovereign, or, without bringing said Florence into California, have changed her status from a subject of England to that of a bona fide resident of California.

It was further alleged that on a direct proceeding in the superior court of San Francisco, sitting in probate, brought on behalf of said Florence to determine the question of heirship, and to which action and proceeding complainants appeared, denying and contesting her application, that court adjudged in favor of Florence, and 'decided, in substance and effect, that said Thomas H. Blythe had in his lifetime adopted and legitimated the said Florence'; that from that decree complainants appealed to the supreme court of the state, and that court, 'in substance and effect, decided that said Thomas H. Blythe did not adopt or legitimate the said Florence under or in conformity with said section 230 of the Civil Code, but tha he had constituted her his heir under and pursuant to the provisions of section 1387 of said Civil Code.' And it was charged that neither the superior court nor the supreme court had jurisdiction to render judgment in the matter, and that the decision of the supreme court was in violation of the constitution of the state of California, and inconsistent with numerous former decisions of that court.

The bill then set forth that said Florence filed in the superior court, in the matter of the estate of Thomas H. Blythe, a petition for distribution, to which complainants appeared, and the court, on hearing, granted a decree of partial distribution, which complainants charged was void for want of jurisdiction; that thereafter, and after the marriage of said Florence to defendant Hinckley, she filed in the superior court her petition for final distribution of the estate, which was resisted by complainants, but the court entered thereon a decree of final distribution, which complainants charged was void for want of jurisdiction.

It was further stated that, when the original bill was filed, neither party was in possession of the land described, but that the same was in the possession of the public administrator of said city and county of San Francisco, and that since then Florence had secured, and was now in possession of, the property. The bill prayed for a decree quieting complainants' alleged title, for an accounting as to rents and profits, for a receiver, and for general relief.

After the filing of the second amended and supplemental bill, Mrs. Hinckley moved to dismiss the suit for want of jurisdiction, which motion was sustained by the circuit judge for reasons given in an opinion filed December 6, 1897. 84 Fed. 246.

After the court ordered the dismissal of the suit, the record shows that leave was given to complainants 'to amend their bill, upon the understanding that it would not necessitate any further argument, but should be subject to the prior motion to dismiss the second amended and supplemental bill, and to the order for a final decree entered thereon.' Accordingly, on December 22, 1897, complainants filed their 'third amended and supplemental bill in equity.' This bill was substantially the same as that immediately preceding, though it set up reasons why an action at law would not be an adequate remedy, and amplified certain matters alleged to bear on the jurisdiction of the state courts. It averred that section 671 of the Civil Code of California, providing that 'any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state,' and section 672, providing, 'If a non-resident alien takes by succession, he must appear and claim the property within five years from the time of succession, or be barred,' were void as to aliens, because encroachments upon the treaty-making power of the United States, and in conflict with section 10 of article 1 of the constitution of the United States, and with section 1978 of the Revised Statutes, and that, therefore, those courts were...