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.

Witnesseth.

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

(? illegible)

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

Advertisements

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

1874-01-01: Arques Brothers Previously Agreed to Receive Last Payment from Yndart

Thursday, January 1, 1874 – Arques estate: to Yndart. Arques brothers on this date previously agreed to receive the last payment from Yndart who was to pay $15K 1/1/1874 in gold in San Francisco on the final day.

v.2 p.295

1873-08-04: Avy Sells Parcels of Rancho Santa Ana Lands to Arques Brothers

Monday, August 4, 1873 – Charles Avy (1st party) sold to Luis & Clemente Arques (2nd party) who paid to Avy $23,466 gold coin

  • land near Tres Pinos Creek beginning at a stake in the center of the Arroyo Joaquin Soto from which a cottonwood tree marked SAR… (COMPLEX DESCRIPTION) southwest corner of Rancho Santa Ana; along western boundary line of Rancho Santa Anita; 941 acres; being a part of lands described in agreement between Joaquin Bolado and José G. Arques July 15, 1868 in Book A of Agreements, p. 305
  • lands (complex description) described in the deed thereof from Charles Avy (first party) herein to Justo Sotello dated February 26 1872 in Book J of Deeds p. 579
  • lands from the Avy Patent. 

Deeds N. p. 388.

1873-01-01: Arques Estate agreed to sell to Yndart share of Rancho.

Wednesday, January 1, 1873: Arques estate: to Yndart.

Arques brothers on this date previously agreed to sell to Yndart (conditional on securing title) who was to pay $15K 1/1/1873 in gold in San Francisco; the brothers needed time to complete title ownership.

Yndart was to pay $15K 1/1/1874 in gold in San Francisco final day.

v.2 p.295

So Yndart owned half of Arques’s share, Martin Murphy owned the rest?

1872-12-02: Half of Arques Estate Sold Conditionally to Juan Yndart

Monday, December 2, 1872 – Owners of half of the Arques estate to Juan Yndart.

Brothers Joaquin R. Arques of Santa Clara County and Luis and Clemente Arques of Monterey County agreed to sell:

  • lots 24 and 20
  • the part of lot 19 west of Santa Ana Valley Road
  • lots 23 and 25, the eastern boundary of the two last named lots being the Santa Ana Valley Road as now traveled
  • the whole tract known as the "pasture field" being enclosed and a part of Santa Ana Rancho, and currently leased to Yndart

…to Yndart (conditional on securing title) who paid $15K 1/1/1873 in gold in SF.

The brothers needed time to complete title ownership. Yndart was to pay $15K 1/1/1874 in gold in San Francisco the final day.

v.2 p.295

Yndart owned half of the José G. Arques Estate' share, Martin Murphy owned the rest?

Agreements Book 2, pp. 1-3. v2 p.295

Recorded Monday, January 6, 1873. 

1872-11-06: Hernandez bought from Luis Arques 562.5 ac of Rancho Santa Ana

Wednesday, November 6, 1872 – Estanislao Hernandez bought from Luis Arques of Hollister 562.50 acres of Rancho Santa Ana for $15,375 gold coin.

Deeds M p. 243.

1869-02-26: Bolado & Arques sell 300+ Acres to Sampson Duncan

Friday, February 26, 1869 – Joaquin Bolado & José G. Arques both of San Francisco sell 300.42 acres to  Sampson Duncan for $14,123.80 gold coin, (a complex description of the lands); a public highway 60 feet wide between lands of Duncan and William J. Reed.

Deeds H, p. 305

Recorded Saturday, March 13, 1869 

1868-11-24: Bolado sells 562.5 Acres of Rancho Santa Ana to Arques

Tuesday, November 24, 1868 – Joaquin Bolado sells to José G. Arques, both of San Francisco, a complex description of 562.50 acres of Rancho Santa Ana, for $4,218.75 gold coin.

Deeds H, p. 304

1868-11-04: Bolado & Arques sell 345 Acres of Rancho Santa Ana to Maples

Wednesday, November 4, 1868 – Joaquin Bolado and Joseph G. Arques grant to Thompson W. Maples of Santa Clara for $8,625 a portion of Rancho Santa Ana 345 acres except for public highway.

Book G. p. 589

Recorded 9:02 AM Monday, November 30, 1868 

1868-11-04: Bolado & Arques sell 259+ Acres of Rancho Santa Ana to Reed

Wednesday, November 4, 1868 – Joaquin Bolado and José G. Arques grant to William J. Reed of Santa Clara for $6,489.50 in gold coin a (very complex) portion of Rancho Santa Ana of 259.58 acres.

Book G. p. 586

Bolado Reed Deed 1868

Recorded: 9 AM Monday, November 30, 1868

1868-09-21: Castaños sells his share of Rancho Santa Ana to Arques and Bolado

Monday, September 21, 1868 – Bartolomé Castaños, first party, deeds to José G. Arques and Joaquin Bolado, second party, who pay him $32,000 gold coin all the right and interest of the first party of the Rancho Santa Ana part of the combined ranch.

Book G. p. 487.

See the previous page in the book for the corresponding purchase; p. 486

1868-09-19: Joaquin Bolado sells to Bartolomé Castanos the undivided one half of Joaquin Bolado’s 2/3rd’s share of Rancho Santa Ana y Quien Sabe

Saturday, September 19, 1868 – Joaquin Bolado of SF deeds to Bartolomé Castanos of SF for $32,000 gold coin the undivided one half of Joaquin Bolado's entire 2/3rd's share of Rancho Santa Ana y Quien Sabe.

Book G p. 486.

See the next page in the book for the corresponding sale; p. 487

So Castaños owns 1/3 of ranch.

The October recording date in the index is incorrect.

1868-09-18: Bolado, Arques & Castaños sell ~400 acres of Rancho Santa Ana to Lyman H. Cook

Friday, September 18, 1868 – Joaquin Bolado, Joseph G. Arques, Bartolome Castaños of SF deed to Lyman H. Cook of Santa Clara, for consideration of $3200 gold coin, part of Rancho Santa Ana ~ 400 acres.

Book G p. 466.

1868-09-11: Bolado, Arques & Castaños sell 311+ Acres of Rancho Santa Ana y Quien Sabe to Mark Pomeroy

Friday, September 11, 1868 – Joaquin Bolado, Joseph G. Arques, Bartolome Castaños of SF deed to Mark Pomeroy, for consideration of $6234.40 gold coin, a portion of Rancho Santa Ana y Quien Sabe: 311.42 acres

Book G p. 462

1868-09-11: Bolado, Arques, Castaños deed to John A. Reed 434+ Acres of Rancho Santa Ana

Friday, September 11, 1868 – Joaquin Bolado, Joseph G. Arques, Bartolome Castaños of San Francisco deed to John A. Reed of Santa Clara 434 8/100ths acres except for a public highway, $10,852.00 in gold coin, portion of Santa Ana Rancho.

Book G. p. 467

1867-08-09: Joaquin Bolado & José G. Arques buy Manuel Salvador Larios’ Minor Heirs’ Shares in Rancho Santa Ana y Quien Sabe

Friday, August 9, 1867 – Manuel Salvador Larios’ minor heirs’ (Estolano & Patrocinio Larios) portion was sold to Joaquin Bolado and José G. Arques at 12:16 in front of the Plaza Hotel in San Juan Bautista.

Guardian Frederick A. MacDougall sold at public auction to the highest bidder for cash U.S. gold coin; each minors’ share of 2047 acres.

At such sale Joaquin Bolado and Jose G. Arques became the purchasers of the interests of each for $3350 for the interest of each of them amounting in the aggregate $6700 in US Gold coin to be paid on confirmation of said sale by said court; Bolado 2/3rds, Arques 1/3 owners.

v.1 p.146.

Source also: East of the Gabilans, p. 121.