1902-05-18: Juan Indart (Yndart) died at 76

ANOTHER PIONEER GONE — Last Sunday evening, May 18, 1902, news was received from San Jose conveying the sad intelligence of the death of Juan INDART. Deceased had been in ill health for some months past and as his condition did not seem to improve at his home in Santa Anita, it was decided to remove him to San Jose, where the advantage of the best medical aid could be obtained. He was taken to the home of his daughter, Mrs. J.B. GARAT, where he received all the attention that loving hands could give, but which proved of no avail.

At the time of his death, Mr. INDART had reached the ripe old age of 76 years. He was a native of France and had come to California via South America in 1851. On his arrival here he engaged in mining in Calaveras county with varied success. He subsequently turned his attention to the live stock business, and with 2 partners, John ETCHEVERRY, now deceased, and J. YREBERRY, they did a profitable business in the several mining camps of the State. The firm purchased cattle in the southern part of the State and drove them to the mines where they were sold for beef at a large profit. For several years the firm conducted a large ranch in the Kings River valley, and in 1873 transferred their business to Tres Pinos. The firm continued in existence till 1882 when by mutual consent it dissolved and the property interests were equally divided. Mr. INDART’s portion being 3600 acres of the Santa Anita rancho, choice farming and grazing land. Mr. INDART was married in 1863 in San Francisco to Miss Mary ERRICA, also a native of France, and to them were born 6 children, who, with their mother, are left to mourn the loss of a dear and faithful husband and father. The children are Mrs. J.B. GARAT, of San Jose; Miss Domie and John INDART, of Santa Anita, and Peter and John Peter INDART, of Reno, Nevada. The funeral will take place today from the Catholic Church, where services will be held at 11 o’clock.

http://archiver.rootsweb.com/th/read/CASBENIT/2003-06/1056507306

In the May 30 issue:

The petition of Maria YNDART for the probate of the will of Juan YNDART [aka INDART], deceased, has been filed in the Clerk’s office. The real property consists of 1761 acres of the Santa Ana rancho adjoining the BOLADO estate, valued at $16,000; also 1769 acres of same rancho adjoining the town of Tres Pinos valued at $20,000… , all in San Benito county.

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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: Bolado sold the ranch to Hernandez? Per Julia Bolado’s Memoirs

1874 – In her memoirs written in the 1920's, Julia (Dulce) Bolado claimed that in or around 1874, her father Joaquin Bolado sold the ranch to Estanislao Hernandez, and the ranch was returned two years later because the mortgage was never paid.

She did not mention what part of the ranch; perhaps she meant his entire share of Rancho Santa Ana.

1873-12-23: Yndart Granted Bolado 700+ Ac of Rancho Santa Ana to Bolado

Tuesday, December 23, 1873 – Juan Yndart sold to Joaquin Bolado 700.50 acres of Rancho Santa Ana [complex description of the parcel]; for consideration of $5.00.

Recorded 11:31 AM Friday, December 26, 1873

1873-12-15: Hernandez Sold 31+ Ac of Part of Rancho Santa Ana y Quien Sabe to Bolado

Monday, December 15, 1873 – Estanislao Hernandez sold to Joaquin Bolado 31.30 acres of part of Santa Ana y Quien Sabe; for $2017 – [Complex description of the parcel]

v.2 p.313

Deeds O, p. 456

Recorded 11:30 AM Friday, December 26, 1873

1873-09-13: Bolado and Arques Brothers sell 351+ Ac of Rancho Santa Ana to Hernandez

Saturday, September 13, 1873 – Joaquin Bolado (of San Francisco) & surviving heirs of José G. Arques, Joaquin R. (of Santa Clara County), Clemente C., and Luis Arques (both of Monterey County) grant to Estanislao Hernandez for $2,460.00 all that portion of Santa Ana Rancho; (complex description) containing 351.52 acres.

Deeds O, p. 92

Recorded 4 PM Thursday, September 18, 1873

1873-08-30: Joaquin R. & Ellen Arques, Luis & Clemente Arques Sell to Yndart all interest in Rancho Santa Ana

Saturday, August 30, 1873 – Yndart buys land – Joaquin R & Ellen Arques, Clemente C. and Luis Arques sell to Juan Yndart for $30,000 all of their interest in the Santa Ana Rancho; very complex description.

Deeds O, p. 22

Recorded Friday, September 5, 1873

1873-07-14: Joaquin R. Arques Quitclaims His 1/3 Interest in Rancho Santa Ana Given to His Wife Ellen Arques

Monday, July 14, 1873 – Joaquin R. Arques to his wife Ellen Arques for $5.00 quitclaims his undivided 1/3 interest in 7,680 acres of Rancho Santa Ana

Deeds N p.340, 

v.2 p.311.

It refers to the deed of partition of June 8, 1869 between Bolado and Arques.

Recorded 3:30 PM Monday, July 14, 1873 

1873-07-12: Arques Brothers received from Martin Murphy Quitclaim to Lands he Sold Them

July 12, 1873 – Arques Brothers received from Martin Murphy a quitclaim to lands he sold them previously.

Deeds N, p. 338

Recorded 11:45 AM Monday, July 14, 1873

1873-06-03: Joaquin R. Arques Gives All of His Share in Rancho Santa Ana and More to His Wife Ellen G. Arques

June 3, 1873 – Joaquin R. Arques to Ellen G. Arques, his wife: deed; consideration of natural love and affection and other valuable consideration: doth give and grant all my right title interest and estate in and to those certain lots, pieces or parcels of land &c being an undivided 1/3 interest to 7,680 acres of land and portion of Rancho Santa Ana and for a more particular description of the lands hereby intended to be conveyed reference is made to a deed of partition dated June 8, 1869 made between Joaquin Bolado and José G. Arques and also to a deed dated November 11, 1871 from Joaquin Bolado to the said José G. Arques.

v.2 p. 309.

Libr N deeds 204.

1873-06-02: Murphy sells his Entire Half Interest in Rancho Santa Ana & Hollister Lots to Arques Brothers

Monday, June 2, 1873 – Martin Murphy of Sunnyvale (to Arques brothers) grants for consideration of $27,000 to the Arques Brothers his entire (HALF) interest in lots in Hollister and 7,935 acres on Rancho Santa Ana.

Deeds N p. 195

Recorded 4:30 PM Wednesday, June 4, 1873

1873-05-14: Teresa Arques de Casals of Barcelona sells her share of Rancho Santa Ana & Hollister Lots to Murphy

May 14, 1873 — Teresa Arques de Casals (to Martin Murphy) wife of Buenaventura Casals of Barcelona grants to Martin Murphy for $4000 her share of 7,935 acres of the Rancho Santa Ana and lots in Hollister.

Libr. A of Deeds p. 327

1872-12-12: Murphy buys Half of Arques Estate 7,935 ac of Rancho Santa Ana & Hollister Lots from Spanish Heirs Before Distribution

Thursday, December 12, 1872 – José G. Arques Estate: from Spanish cousins to Martin Murphy.

José G Arques et. al. (cousins in Spain named in his will) granted to Martin Murphy their share of 7,935 acres of Rancho Santa Ana and lots in Hollister — before distribution — so Murphy becomes entitled to 1/2 the José G. Arques estate (the shares of the cousins in Spain) in this grant to Martin Murphy of Santa Clara for $24,000.

Book Deeds M. p. 457.

It refers to partition deed from Bolado to Arques of 6/8/1869, and a 11/11/1871 deed from Bolado to Arques.

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.

1872-05-23: Avy deeds 2+ acre strip to Southern Pacific Railroad

Thursday, May 23, 1872 – Charles Avy of Monterey county in consideration of benefits and advantages of construction of railroad and $1.00; and benefit of fences; conveys a 100 foot wide strip of land 1173 feet long; 2.69 acres to SPRR Co.

Deeds L. or D? p. 332

1872-01-29: José G. Arques’ will to probate: Owned 1/8th of Rancho Quien Sabe

Monday, January 29, 1872 – José G. Arques' will to probate – He owned one undivided 8th of Rancho Quien Sabe abutting on San Joaquin Rancho and Rancho Santa Ana.

Deeds L p. 91.

1871-11-11: Bolado Quitclaims to Arques 169+ Acres

Saturday, November 11, 1871 – Joaquin Bolado of Monterey County, 1st party, remised, relased and quitclaims to José G. Arques of same place, 2nd party; consideration $1.00:

Lot 48

Back of Lot 16,

NE corner of 16

Many complicated parcels

169 4/10ths acres.

Book K. p. 359

Recorded November 22, 1871

1871-11-09: Bolado & Arques sell 451+ ac. and 93 ac. to Hernandez

Thursday, November 9, 1871 – Joaquin Bolado & Jose G. Arques to Estanislao Hernandez 451.55 acres and 93 acres for $5067.

Recorded 12/2/1871

Book K, p. 409

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 

1870-04-28: Horace Hawes sells to Stanly & Blair 1/5th part of 1/20th of Rancho Quien Sabe

April 28, 1870 – Horace Hawes deeds to John A. Stanly & A. W. Blair, consideration legal services rendered with a written contract made between the parties hereto on 8/20/1868,  do by these presents grand bargain sell and convey unto John A. Stanly and A. W. Blair an undivided 1/5th part of an undivided 1/20th part of the tract of land situated in said county of Monterey known as Quien Sabe, the same being a part of the Rancho known as Santa Ana y Quien Sabe, and other lands.

Subject to said contract.  Warranty expressly excepted.

Recorded July 12, 1870.

1869-07-26: MacDougall (Anzar et. al) Answer Bolado/Arques’ Suit Re: Partition

Monday, July 26, 1869 – Suit: Frederick A. MacDougall's (Anzar et. al.) answer and cross complaint:

That so much of plaintiff's (Joaquin Bolado & José G. Arques) prayer seeks to obtain decree of this court declaring the pretended partition a good and valid partition; or declaring plaintiffs to be exclusive owners of that part of the lands called Santa Ana; or as seems to establish the pretended dividing line set up in plaintiff's complaints, or compelling these defendants to make conveyances and assurances of title to plaintiffs to be denied.

MacDougall requests court to decree that MacDougall has an undivided 12th of lands granted by letters patent, and the said defendants Juan Francisco Anzar, Anatolio Anzar & Policronio Anzar each own 5 undivided 36ths; and said plaintiffs as among themselves to be the owners of one undivided half part thereof, and that the land be divided in an equitable and just manner.

v.2 p.247

1869-06-08: Bolado and Arques sign Partition Deed

Tuesday, June 8 1869 – PARTITION DEED of PART OF RANCH: José G. Arques of Monterey County to Joaquin Bolado of San Francisco:

They are tenants in common of equal parts; now, a complex description of a PARTITION OF RANCH: 8887.87 acres to Bolado, 7407.04 to Arques

Deeds Book I p. 8

v.1 p.163

Recorded 9AM, Thursday July 15, 1869.

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 500 acres of Rancho Santa Ana to Doern

Wednesday, November 4, 1868: Joaquin Bolado and Joseph G. Arques to Antonio Doern of Santa Clara for $7,500 gold coin; 500 acres except for public highway.

Book G. p. 592

Recorded 9:04 AM Monday, November 30, 1868 

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

1868-10-30: Bolado & Arques sell 500 acres of Rancho Santa Ana to William A. Moody

Friday, October 30, 1868 – Joaquin Bolado and Joseph G. Arques to William A. Moody of Santa Clara for $7,500 part of Rancho Santa Ana 500 acres except for portion which is a public highway.

Book G. p. 587

Recorded 9:01 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