1879-01-02: Bolado Re-Purchases Potrero de Lynch From Sheriff as Result of Hernandez’ Mortgage Default

Bolado from Sheriff San Benito County

Book 4, p. 611

This indenture, made the Second day of January in the year of our Lord one thousand Eight hundred and seventy nine.

Between Willam F Brown Sheriff of the County of San Benito State of California the party of the first part, and Joaquin Bolado of the City and County of San Francisco in the Said State the party of the second part.


Whereas, in and by a certain judgement or decree made and entered by the District Court of the Twenty third Judicial District of the State of California in and for the said City and County of San Francisco on the Twenty Eight day of May 1878 in a certain action then pending in said court, wherein the said party of the second part was plaintiff and Estanislao Hernandez and other were defendants numbered in the calendar of said court 6348 in order to pay to the said plaintiff the sum of Thirty One thousand and four hundred and forty nine 40/100 dollars Gold coin due from said defendants Hernandez with interest and costs it was among other things ordered, adjudged and decreed, that all and Singular the Mortgaged premises described in said Judgement or decree, should be sold at public auction by the Sheriff of the Said county of San Benito in the manner required by law, and according to the course and practice of said court: that such sale be made in the said county of San Benito. That any of the parties to said action might become the purchaser at such sale: and that said Sheriff should execute the usual certificates and deeds to the purchaser or purchasers as required by Law:
And Whereas, the said Sheriff did at the hour of Three Oclock PM. on the Twenty Eighth day of June 1878 after due public notice had been given, as required by the laws of the state and the course and practice of said court, duly sell at public auction in the said county of San Benito agreeably to the said Judgement or Decree, and the provisions of law, ther premesis in the said decree or judgement mentioned, at which sale the premises in said judgement or decree, and hereafter desscribed, were fairly struck off to the said party hereto of the second part from the sum of Twenty Eight Thousand dollars gold he being the highest bidder and that being the highest sum bid for the same:

And whereas, the said sheriff thereupon made and issued the usual certificates in duplicate of the said sale in due form of Law, and delivered on thereof to the said purchaser and caused the other to be filed in the office of the County Recorder of Said County of San Benito.

And Whereas, more than six months has elapsed since the date of said sale, and no redemption has been made of the premesis so sold as aforesaid, by or on behalf of any other persons

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This Indenture Witnesseth:

That the said party of the first part, the said sheriff, in order to carry into effect the sale so made by him as aforesaid, in pursuance of said judgement or decree, and inconformity to the statue in such cases made and provided, and also in consideration of the premises and of the said sum of Twenty Eight Thousand dollars, in Gold Coin so bid and paid to him by the said purchaser the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey, unto the said party of the second part, and unto his heirs and assigns forever, all those certain lots pieces or parcels of land, dituate, lying and being in the said county of San Benito in the State of California and bounded and particularly described as follows to wit:

All those certain pieces or parcels of land situated in the county of San Benito State of California and described as follows by:

All of Section (21)
also Lots (1) One and
Two (2) and
South East quarter of Section Twenty (20) and south half of North east quarter and north half of south east quarter of section Twenty (20) and also lots:
One (1)
Two (2)
Three (3) and
Four (4)
in section Sixteen (16)
All in township Twelve (12) south range (6) East of Mount Diablo Meridian.

Together with all and Singular the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and revisions, hereinunder and remainders, rents, issues and profits thereof:

To have and to hold, all and singular the said premises hereby conveyed, or intended so to be together with the appurtenances, unto the said party of the second part, his heirs and assigns forever.

In Witness Whereof, the said party of the first part to these presents, has hereunto set his hand and seal the day and year first above written.

Wm. L Brown, Sheriff of the County of San Benito, State of California

Recorded at the request of Joaquin Bolado, January 3, 1879, at 40 minutes past 2 PM