1868-11-14: Joaquin Bolado and José G. Arques sue Anzar et. al. over Partition of 1848

Saturday, November 14, 1868 – Joaquin Bolado and José G. Arques sue Anzar et. al.

Describes history and borders, describing partition, how the patent was awarded, and that the partition previously made was fair and just, but now the defendants (the Anzars) now ignore the partition.

Bolado and Arques claim that if the partition is not valid, then they are the owners of one undivided half of all lands patented, and the defendant MacDougall is the owner of one undivided 12th part and minors Juan Francisco Anzar, Anatolio Anzar and Policronio de Guadalupe Anzar are each the owner of 5 undivided 36th parts thereof.

That the defendant Anzars contend that the patent vested in each of the defendants the title to one undivided 5th part and Manuel Larios and his successors the remaining 1/5th part.

That the patent is a cloud upon plaintiffs' title, that they are ready and willing to convey to defendants all interest in the Quien Sabe.

Prays decree that Patent award one half for the benefit of defendants, half for Larios and successors.

Attorneys Peckham and Payne.

v. 2 p 227-244.

Bolado/Arques suit claimed that the Patent didn't declare the interest that each of the patentees was to take, but granted severally to all.

But under said partition, Manuel Larios and his successors (Bolado & Arques) were and are the owners of the Santa Ana, and Defendants (Anzar et. al.) were and are the owners of the Quien Sabe

That the partition is just, and equal and valid in equity; that defendants give out and pretended that the same was not a valid partition and now refuse to recognize the same.

v.2 p. 242

If the partition is not valid, Bolado/Arques own an undivided half of all lands patented; that MacDougall owns one undivided 12/th, the 3 Anzar heirs each own 5 undivided 36ths parts thereof.

Defendants contend that the patent vested in each of the Defendants the title to one undivided 5th part and Larios and his successors the remaining 1/5th part.

That the patent is a cloud upon Plaintiff's title; that they are ready and willing to convey all interest in Quien sabe.

v.2 p.243

Prays decree that Patent award one half for the benefit of Defendants (Bolado/Arques) and half for the benefit of Manual Larios and his successors.

That Defendants shall execute conveyances that vest in Plaintiffs a full and complete title to half of all the right, title and interest which passed from the Government of the United States to the grantees by said letters patent.

That the court decree that the instrument of 2/13/1848 was sufficient partition and the Plaintiffs will be said to be the owners in severalty of Santa Ana if the partition is true.

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