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

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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

1875-03-22: Bolado Sells Rancho Santa Ana and Part of Rancho Quien Sabe (9309+ ac.) to Hernandez

1875-03-22: SBC – Bolado to Hernandez (listed as Stanislaus)

Joaquin Bolado To Estanislao Hernandez. This conveyance made this twenty second day of the month of March A.D. Eighteen hundred and seventy five by Joaquin Bolado of the City and County of San Francisco in the State of California Grantor to Estanislao Hernandez late of the County of San Benito and now of the County of Santa Clara in the said State of California Grantee.

Witnesseth That for and in consideration of the sum of One hundred ten thousand dollars (110,000.00) in gold paid and secured to be paid by the said Grantee to the said Grantor the said Grantor hath this day granted and conveyed and by these Presents doth grant and convey unto the said Grantee and to his heirs executors administrators and assigns forever all those certain tracts of land situate in the county of San Benito in Said State and being part of the Rancho called and Known as Santa Ana and described as follows viz

Lots numbered on the map thereof made by S.W. Smith in May A.D. 1868

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 Grantor by one Juan Yndart on the twenty third day of December A.D. 1873 by conveyance of record in Monterey County in Book O of deeds at page four hundred and fifty seven thereof and following and that portion of the Rancho Quien Sabe conveyed by the said Grantee herein to said Granto herein on the fifteenth day of December 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 and three hundred and nine 81/100 (9309 81/100) acres of land a little more or less.

Together with all the rights, privileges and appurtenances thereunto belonging or in anywise appertaining

To have and to Hold the same unto the said Grantee, his heirs executors administrators and assigns forever

In witness Whereof the said Grantor hath hereunto set his hand and seal the day and year first above written
Signed sealed and delivered in presence of (Note the Words part of the rancho)
State of California City and County of San Francisco

Joa. n. Bolado (Seal)
SS on this twenty second day of March in the year of one thousand eight hundred and seventy five before me Philip Mahter an Notary public in and for the said city and county personally appeared Joaq. Bolado known to me to be the person whose name is subscribe to the within instrument…

Recorded at the request of WF& Co (Wells Fargo?)
March 25, AD 1875 at 20 Min past 4 P.M. in Book 1 of Deeds Pages 587 + fol.

N.M. Hayes, Recorder

SBC: Book 1, p. 587