I209: Jeremiah CLAYPOOL Lawsuit #561

Jeremiah Claypool et al vs. Henry Beaver et al

From Sonoma County District Court (new series) Case # 561:

	1. Folder cover.
		No. 561 7th District Court Sonoma County Jeremiah Claypool et al vs. Henry Beaver et al no. 561 Bill in Chancery Filed September 23rd 1865 Wm. L. Anderson clerk Seth Willington Atty for Pltffs
	2-27. The initial complaint.
	28. Card.
		561 3 In the Dist. Court J. Claypool & others v Henry Beaver et al answer of H. Wilson Filed Oct 9th 1865 W. L. Anderson Clerk By John I Fortsen Wells[?] Temple & Thomas attys for Wilson
	29-30. Brief from Henderson Wilson.
	31. Brief by James W. Sacry represented by Temple & Thomas. Essentially states the same thing as the previous statement.
	32. Cover or back of brief with case heading and "Sacry's answer." Filed 9 Oct 1865.
	33. Brief by Henry W. McGee represented by Temple & Thomas. Another answer to the complaint which states the same argument as used in the Wilson brief.
	34. Cover or back of brief with case heading and "McGee's answer." Filed 9 Oct 1865.
	35. Cover or back of brief with case heading and "Hannath's answer." Filed 9 Oct 1865
	36. Brief by C. J. Hannath represented by Temple & Thomas.
		...states that he is in nowise interest in the land described in the plaintiffs complaint nor does he claim to have any interest in or right to the same and he disclaims having any interest in or right to the said land or any part thereof wherefore he prays that the said plaintiffs complaint be dis[?] as to him and to have judgement against said plaintiff for his costs.
	37. Cover or back of brief with case heading and "Defense[?] of Carrillo." Filed 9 Oct 1865.
	38. Brief by Julio Carrillo represented by Temple & Thomas.
		...for cause says that the said complaint does not state facts sufficient to constitute a course of action against this defendant...
	39. Form listing plaintiffs & defendants and requiring the defendants to appear in court within 10 days of receiving a summons to answer the complaint against them. Filed 27 Sep 1865
		THE said action is brought to recover the legal title to and the possession of, the undivided two thirds interest in and to the following real Estate viz [repeat of land description for the entire 160 acres] and damages for the use, rents or profits of said Real Estate from June 5th 1865 and such further relief as in Equity or good Conscious would be right and proper in the premises.
	40. Summons issued by the Seventh Judicial District, County of Sonoma to Henry Beaver, resident of Santa Clara County, and delivered by J. H. Adams, Sheriff of Santa Clara County on 14 Oct 1865. [This was actually delivered to a James Beaver it is stated later.
	41-42. Two duplicates of the form described in 39.
	43. Summons issued by the Seventh Judicial District, County of Sonoma to James M. Case in Yolo County on 12 Oct 1865.
	44. Card with case heading and "Amended Bill". Filed 25 Oct 1865.
	46-67. Amended bill by plaintiffs. Essentially the same material as before.
	68. A statement and signature of Jeremiah Claypool claiming the preceding complaint is the truth.
	69. A letter from Julio Carrillo, Henderson Wilson, James W. Sacrey, C. F. Hannath, and Henry W. McGee stating that the plaintiffs have not stated sufficient facts to be able to take any action against them.
	70. Coversheet for the above "Demurrer" filed Nov 4th 1865.
	71. Coversheet for the case "Proof of Serving Amended Complaint on Henry Beaver & Charges" filed July 10th 1866.
	72. Statement from the Sheriff (J. H. Adams) of the County of Santa Clara, that a copy of the amended bill of complaint was received 5 Jan 1866 issued to Henry Beaver on 9 Jan 1866.
	73-74. Statement from Woodland February 2 1866 to J. Claypool from C. H. Gray, Sheriff -- that a copy of the amended complaint was issued to Case & wife, while the other copy of the complaint is being returned because "D. D. Myers is dead."
	75. Coversheet "Proof of Serving Amended Complaint and Charges" filed 10 Feb 1866.
	76-77. Brief "Order Sustaining Demurrer" from J. B. Southard, District Judge filed 2 Jun 1866. Difficult to read.
	78-80. Another amendment of the complaint to answer the previous points of issue in the Order Sustaining the Demurrer".
		...And your Orators further Showeth unto your Honor. That as we have been informed and Verily believe the said Henry Beaver and his grantees and their claiming title under him to wit Henderson Wilson James W. Sacrey, C. F. Hannath and Henry W. McGee at the time they respectfully acquire title to their respective portion of said tract of land aforesaid entered into the possession and enjoyment of the same and have received the rent and profit of said Real Estate to the great Wrong and injury of your Orators. And your Orators pray that they offer an account of the amount of the rents and profits to have and receive and enjoyed by Said defendants unto your Orators. Which your Orators Verily believe [?] worth the full and first Sum of three hundred dollars [?] that amount being what our half of the whole tract would be worth...
	81. Cover letter signed by Jeremiah Claypool stating that the preceding was an amendment to their case. Filed 5 June 1866.
	82. Cover sheet for "Demurrer" filed 8 June 1866.
	83-84. The Defendants Demurrer to the last amendment of the complaint.
	85. Cover sheet filed 6 June 1866.
	86-107. Yet another copy of the amended complaint.

This page created on 04/13/01 22:09.