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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1878-08-23: Sheriff’s Sale – de Laveaga vs. Roeding, Hernandez and Arias de Hernandez re Rancho Quien Sabe

August 15, 1878 Hollister Telegraph

August 23, 1878 – Sheriff’s Sale — Dolores Aguirre de LAVEAGA, Plaintiff vs. Frederick ROEDING, Estanislao HERNANDEZ, and Vicitation Arias de HERNANDEZ, Defendants; Order of sale on foreclosure of mortgage…Rancho known as ‘Quien Sabe’…[description of location]… sale date, Friday, the 23rd day of Aug. 1878…to satisfy judgment of $121,165.10…

http://www.newspaperabstracts.com/print.php?id=5288

1874-02-27: Anzar A. by Sheriff to MacDougall

February 1, 1874: Anzar A. by Sheriff to MacDougall

[No more information available]

p. 167

Published in: on February 27, 1874 at 3:36 pm  Leave a Comment  

1873-09-05: Arques, L. et al, by Sheriff, E. Hernandez

September 9, 1873: Arques, L. et al, by Sheriff, Estanislao Hernandez.

[No more information available]

p. 92

1868-12-28: Bolado/Arques Suit vs. MacDougall et. al.: Summons Filed in Los Angeles County

December 28, 1868 – Joaquin Bolado & José G. Arques vs. Frederick A. MacDougall et. al; Summons filed with proof of service by sheriff's certificate that he delivered and left with Frederick A. MacDougall in the County of Los Angeles on the 28th day of November 1868 a copy for himself and for each of the 3 minors.

1868-12-09: Bolado/Arques vs. MacDougall et al.: Summons Returned, Defendants Not In County.

December 9, 1868 – Bolado Arques vs. MacDougall et al.  Summons returned not served. Sheriff of Monterey stating defendants not in this county.

Published in: on December 9, 1868 at 10:26 am  Leave a Comment  

1866-02-06: 1500 Acres of Rancho Santa Ana Sold at Auction to Benjamin Flint

Thursday, February 8, 1866 – People of State of California vs. (José) Antonio Larios by James B. Smith Sheriff & Ex Officio Tax Collector; Tres Pinos land to be sold at public auction; $120.48 to Benjamin Flint; 1500 acres.

v.1 p. 70. 

That said sheriff did at noon on 27th July 1865 after due notice &c sell at public auction in the city and county of Monterey the premises in said decree mentioned to Benjamin Flint. 

Book F of Conveyances, p. 255

1865-07-27: Auction of 1500 Acres of Portion of Rancho Santa Ana – California vs. Antonio Larios

July 27, 1865 – The Auction took place; (later filed 8 Feb 1866).

People of State of California vs. Antonio Larios by James B. Smith Sheriff & Ex Officio Tax Collector; Tres Pinos land to be sold at public auction; $120.48 to Benjamin Flint; 1500 acres.

v.1 p. 70.

That said sheriff did at noon on 27th July 1865 after due notice &c sell at public auction in the city and county of Monterey the premises in said decree mentioned to Benjamin Flint.

For more about Benjamin Flint: http://www.rancholoscerritos.org/history.html

Published in: on July 27, 1865 at 12:00 pm  Leave a Comment  

1864-12-24: Summons Issued: People of State of California vs. Antonio Larios – Santa Ana

Saturday, December 24, 1864: People of State of California vs. Antonio Larios and 1500 acres; portion of Santa Ana, bound North by San Felipe and San Joaquin, South by Cienega de Paysenes (Paicines) and West by San Benito Creek and San Justo, & improvements; $35.41 due 1st Monday in March and 1st Monday in August 1864.

Summons issued 12/24/1864.

January 17 1865: summons filed with Sheriff.

January 26 1865: default of debt entered. $35.41 tax and $42.46 costs to remain a lien on property.

1858-09-16: Willam Carey Jones to Horace Hawes: Sheriff took lands for auction

Thursday, September 16, 1858 – Willam Carey Jones by Henry De Graso Monterey County Sheriff (first party) to Horace Hawes of San Francisco (second party)

book C. p. 490, another deed on p. 494.

P. 490:

It relates to the Rancho San Joaquin o Rosa Morada; 1/10th interest conveyed to Jones by Cruz Cervantes in Book B page 420.

On page 494 it contains pages of information about Rancho Santa Ana y Quien Sabe and adjoining ranches.

Based on a writ of execution from the 12th District Court, in and for San Mateo County; delivered to the Sheriff 10/31/1857; in the action of Horace Hawes vs. William Carey Jones and Charles Brown for $55,888.60; sheriff took the lands described for want of personal property; 12/7/1857; to sell at public auction in front of the courthouse in Monterey for $375.00; Santa Ana y Quien Sabe for 50.00, Real de los Aguilas for 45.00; Los Aromitas y Aqua Caliente for 54.00; Vega del Rio del Pajaro for 100.00; Los Carneros for 86.00, 40.00 for “camino real de en medio”? totalling $375.00, Horace Hawes high bidder.

1857-12-31: Horace Hawes vs. Willam Carey Jones to obtain payment and costs for sale made 12/7/1857

December 31, 1857 – Horace Hawes vs. Willam Carey Jones; by sheriff Henry De Graw to HH, Sheriff's certificate.

Shows sale by virtue of an execution tested 10/31/1857 to obtain $55,888.60 and costs to HH.

Sale made 12/7/1857

Published in: on December 31, 1857 at 2:39 am  Leave a Comment