1878-08-20: Bolado Re-Purchases from Sheriff Part of Rancho Santa Ana and Part of Rancho Quien Sabe: 9,309+ Acres From Hernandez’ Default

1878-08-20: Bolado from Sheriff of San Benito County.

Benj. F. Ross Late Sheriff to Joaquin Bolado

This Indenture, made the sixteenth day of August in the year of our lord one thousand eight hundred and seventy eight, between Benjamin F. Ross late sheriff of the county of San Benito in the State of California in the party of the first part, and Joaquin Bolado in the city and county of San Francisco in the said State party of the second part.

WITNESSETH: Whereas, in and by a certain judgement or decree, made and entered by the District Court of the Third Judicial District, of the State of California in and for the said city and county of San Francisco on the eighth day of January 1878 in a certain action then pending in said court, wherein the said party of the second part was plaintiff and Estanislao Hernandez and others were defendants numbered in the calendar of said court 6065; in order to pay said plaintiff the sum of one hundred and seventeen thousand seven hundred and twelve 06/100 dollars due from said defendant Hernandez, it was among other things ordered, adjudged and decreed, that all and singular the mortgaged premises described in the complaint in said action, and specifically 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 Two O’clock PM on the fifteenth day of February 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, the premises in the said decree or Judgement Mentioned, at which sale the premises in said Judgement or decree, and hereinafter described, were fairly struck off to the said party hereto of the second part, for the sum of One Hundred Thousand dollars being the highest bidder.. And that being the highest sum bid for the Same;

And whereas, the Said party of the Second part thereupon paid to the Said sheriff the Said Sum of Money so bid by him for Said land.

And whereas, the Said Sheriff thereupon made and issued the usual certificate in duplicate of the said sale in due form of law, and delivered one 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 have elapsed since the date of Said Sale. And no redemption has been made of the premises so sold as aforesaid, or by or on behalf of the Said Judgement debtor, on by or on behalf of any other person.

Now this indenture witnessseth, that the said party of the first part, the Said Sheriff, in order to carry into effect the sale made by him as aforesaid, in pursuance of Said Judgement and decree, and in conformity to the status in such case made and provided, and also in consideration of the premises and of the said sum of One Hundred 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 to his heirs and assigns forever, all those certain lots pieces or parcels of land, Situate, lying and being in the said county of San Benito in the State of California and bounded and particularly described as follows, To Wit:

Lots numbered on the map thereof made by SW Smith in May AD 1878.

Twenty Five (25)
Twenty Eight (28)
Twenty Nine (29)
Thirty (30)
Thirty One (31)
Thirty Two (32)
Thirty Three (33)
Thirty Four (34)
Thirty Five (35)
Thirty Six (36)
Thirty Seven (37)
Thirty Eight (38)
Thirty Nine (39)
Forty (40)
Forty One (41)
Forty Two (42)

and that portion of lot Twenty Four (24) which was conveyed to Said Joaquin Bolado by one Juan Yndart on the Twenty Third day of December AD eighteen hundred and seventy three,

by conveyances of record in Monterey County in Book O of deeds at page 456 (Corrected as 457) thereof and following (and?) portion of the Rancho Quien Sabe conveyed by Said Estanislao Hernandez herein to Said Joaquin Bolado herein on the fifteenth day of December AD 1873 and of record in Said Book O at page 456 thereof the whole of Said Tract hereby conveyed forming one body and containing nine thousand three hundred and nine and 81/100 (9,309 81/100) acres of land a little more or less together with all the rights privileges and appurtenances thereunto belonging or in anywise appertaining, and forming a part of the rancho known as Santa Ana.

Together with all and singular the tenement, heridatements and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and revisions, remainder 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.

Signed, Sealed and Delivered in the Bresence of H. B. Harris (Deputy)
State of California
County of San Benito

Benj. F. Ross (seal)
Late Sheriff of the Said County of San Benito, State of California.

Recorded at the request of NC Briggs? August 20, 1878 at 30 mins past 2 Oclock PM

SBC: Book 4, page. 451

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1870-10-04: Final Partition Decree: SW 24,411 Acres to Bolado/Arques, NE 24,411 Acres to MacDougall & Anzar Heirs

Tuesday, October 4, 1870 – Report of commissioners filed.

LARGER Final partition decree:

F. L. Ripley, surveyor, made Final Partition of Santa Ana and Quien Sabe Ranchos:

Bolado and Arques got Lot 1: Southwestern half 24,411.30 Ac,

MacDougall and Anzar heirs got Lot 2: Northeastern half 24,411.30 Ac

expenses of survey and partition $761.25

v. 2 p. 263 to 265.

1870-09-12: Partition Commission Issued by Court.

September 12, 1870 – Partition Commission issued.

Source: suit decree

v2 p. 262

1870-08-22: Bolado/Arques vs. Anzar/MacDougall Suit: 1848 Anzar/Larios Partition Declared Invalid

Monday, August 22, 1870 – Bolado/Arques vs. Anzar et. al. (Frederick A. MacDougall) lawsuit: findings filed:

1st: in the year 1834 there were two tracts of unclaimed lands, the Quien Sabe and Santa Ana, unlimited in quantity.

(NOTE: There are 40 historical points entered here that have been entered as posts in historical order in this record; they are not duplicated in this post. Look for category: Bolado/Arques Suit.)

CONCLUSIONS OF LAW

That as the land granted to Juan Miguel Anzar and Manuel Salvador Larios had not been segregated from the public domain and the external boundaries had not been fixed by the government of Mexico, the said Anzar & Larios could not make a partition of same as attempted by them in 1848 and that all of their proceedings for a partition before the land granted was finally located by the Mexican Government or its successor, the United States, were null and void and not binding either at law or in equity;

Plaintiffs (Bolado & Arques) and defendants (Anzar et. al., & MacDougall) are jointly seized in fee simple of said whole of said premesis described in said letters patent and hold possessions and enjoy the same as tenants in common;

That the plaintiffs as among themselves are seized in fee of said one undivided 1/2 part of all of said premises and hold the same according to their respective rights and interests therein but which rights and interests as between them are not now determined.

That the said Defendants as among themselves are seized in fee of the one undivided half &c &c.

That said Plaintiffs as among themselves are entitled to have a half part of said premises quantity and quality relatively considered, set apart to them in severalty and that said Defendant as among themselves are entitled to have a half &c;

That commissioners should be appointed to make partition; that such commissioners should, if the same can be equitably done, set apart to Plaintiffs' and Defendant's lands embracing their respective improvements; let an interlocutory decree be drawn accordingly.

s, S. B. McKee, District Judge.

v.2 p.255

NOTE: Samuel Bell McKee served as a Justice of the California Supreme Court from 1880 – 1887.

http://www.cschs.org/02_history/02_c.html 

See also: http://findarticles.com/p/articles/mi_rlg4413/is_CUBU0017/ai_n15473235 

1868-12-22: Horace Hawes dispute with Anzar Heirs regarding 1/10th of Rancho Quien Sabe Purchased from Jones

Tuesday, December 22, 1868 – Frederick A. MacDougall et. al. deed to Horace Hawes: Frederick A. MacDougall, and minors acting through their legal guardian Frederick A. MacDougall: (Juan Francisco Anzar, Anatolio Anzar, Policronio Guadalupe Anzar) Deed to Horace Hawes…

Horace Hawes sued Anzar et. al. 10/5/1868 in Monterey’s 3rd Judicial District Court alleging Juan Miguel Anzar made contract with William Carey Jones 6/20/1851, that Horace Hawes bought; the court awarded Horace Hawes the undivided 1/10th of Rancho Quien Sabe.

Book H p. 48

v.2 p.224 – said Rancho Quien Sabe contained 5 square leagues of land, more or less.

v.2 p. 217-225

Recorded Saturday, January 2, 1869

1868-10-05: Horace Hawes sued Anzar Heirs claiming Anzar sold 1/10th of Rancho Quien Sabe to WC Jones which Hawes Bought.

Horace Hawes sued Frederick A. MacDougall et. al. (Juan Miguel Anzar heirs) in Monterey County’s 3rd Judicial District Court alleging Anzar made contract with William Carey Jones 6/20/1851, that Horace Hawes bought; the court awarded Hawes 1/10th of Rancho Quien Sabe.

For particulars, see Liber H of conveyances p 48; 217 abstract v.2 p.215