| In the seventh Judicial District
Before the Hon. J. B. Southard District Judge. Your orators Jeremiah Claypool & Lucinda E. Claypool his wife residents of Sonoma County of California & Walter C. Cockrill a minor and under twenty-one years of age and resident of Yolo County State aforesaid who sues by his next friend Jeremiah Claypool. Humbly complaining showeth unto your Honor that we Lucinda E. Claypool and Walter C. Cockrill are the only surviving children of James A. Cockrill deceased who departed this life on or about 18th February 1853 leaving his heirs at law of our orators as aforesaid and Mary M. Cockrill his widow who sometime in October 1853 intermarried with James M. Case. And your orators further showeth under you Honor that the said James A. Cockrill in his life time to with on the 12th day of July A. D. 1852 entered into a written agreement with Julio Carrillo for the purchase of the following described Real Estate situated on the county of Sonoma and State of California. "All that piece or parcel of land situated in Santa Rosa in the county of Sonoma and State of California and commencing at a white oak about one half mile from the Santa Rosa Creek on the North Western line of the land of Oliver Boliviou. Thence northward along said Boliviou said line one half mile thence westerly one half mile thenc southerly we half mile thence easterly one half mile to the place of beginning and to contain one hundred and sixty acres and no more" upon the conditions that upon the confirmation by the United States authorities of the land aforesaid to the said Julio Carrillo and the making of a deed of General Warrent to the said Cockrill then and at that time the said Cockrill was to pay to the said Carrillo the sum of twelve dollars per acre or the full sum of Nineteen hundred and twenty dollars for the land afore said. That upon said agreement the said Cockrill took possesssion and moved upon said premises and made lasting and valuable improvement thereon and continued to live and reside upon the same until the time of his death. And at his death left your orator and his widow on and in possession of the same. And that in July 1853 the said widow filed application for letters of administration on said Estate which said application was heard and granted by the Probate Court of said county & bond filed August 4th 1853. And an appraisement of the property belonging to said Estate was made August 12th 1853 and from Said appraisement so made and filed in probate court Sept 26th 1853 the amount of Personal property appraised amounted to $971.00 & Improvements to $460.00. And that in October 1853 the said widow intermarried with James M. Case. And that in November 1853 the said Administrat'nt made a sale of said property selling the improvements at $480.00 which said sale was annuled and set aside by the Probate Court in May 1865 as being illegal and improper therefore void. That in April 24th 1854 the said James M. Case the Husband of Mary M. Case late Cockrill made application for letters of Administration said Estate which was granted to and his approved bond filed May 17th 1854 who filed a statement of the condition and assetts of the Estate amounting to the sum of $971.00 omitting improvements or interest in Real Estate which said personal property was subsequiently sold for the sum of $1374.00 and return made of said sale which was assessed by the said Probate Court and the proceeds of said sale was paid out upon order of said probate court paying all the damands against said Estate and the remainder to the support of the widow and children leaving the interest of the said Estate in and to the Real Estate before mentioned indisposed of and belonging to said Estate. And that afterwards to wit on the 25th day of November A. D. 1854 the said James M. Case and Mary M. Case his wife entered into a written agreement with one Henry Beaver of which the following is a copy to wit "know all men by these present that James M. Case and Mary M. Case his wife of the county of Sonoma State of California are held and firmly bound unto Henry Beaver of the same county & state in the sum of six Hundred dollars lawful money of the the United States to be paid to the said Henry Beaver his Executors administrators or assigns for which payment well and fully to be made we bind ourselves our heirs Executors administrators firmly by these present Sealed with our seals dated the 25 day of Nov AD 1854 in the year of our Lord One thousand Eight hundred & fifty four. ` The condition of the above obligation as such that if the above bounded James M. Case and Mary M. Case his wife shall within six months after a patent issues from the United States government to Julio Carrillo the original document to the hereinafter described premises make execute and deliver under said Henry Beaver his heirs or assigns a given and sufficient warrent deed in fee simple from all incumberences and with the usual covenants upon being paid the sum of six hundred dollars on or before the execution and delivering of said deed following described premises to with "the North West quarter or (40) acres of a piece of land formerly purchased of Julio Carrillo by James A. Cockrill Mary M. Case his wife containing one hundred and sixty acres of land and no more of bounded and described as follows commencing at a white oak about a half mile from Santa Rosa Creek [same description of contested property as above]... to the place of beginning then this obligation to be void otherwise to remain in full force virture and effect. ` James M. Case ` Mary M. Case ` Sealed and delivered in presense of signed [next section a statement that both individuals are who they say they are, they entered into this agreement freely, and Mary M. Case stated "apart and out of the hearing" of her husband that she entered into the agreement freely] ` Filed for Record on the 13th day of December A. D. 1854 at 10 clock AM and recorded same day N. McC. Manefee County recorder ` By Thomas H Pyatt ` Deputy" Said Instrument above mentioned was record in Book K of deeds on Page No. 157 of the records of Sonoma County, State of California. And that afterwards on the 29th day of November 1854 the said James M. Case and Mary M. Case his wife entered into a written agreement with one Dudley D. Myers of which the following is a copy to wit. "Know all men by these present that James M. Case and Mary M. Case his wife of the County of Sonoma State of California held and firmly bound unto Dudley D. Myers of the same County & State in [ ?nal] Sum of Seven Hundred dollars good and lawful money of the United States for the payment of which Sum Will and truly to be made we find ourselves our heirs excutors and administrators firmely by these present Sealed with our Seals and dated this the 29th day of November AD 1854 the condition of the above bond is such that Whereas on the 12th day of July AD 1853 Julio Carrillo of Said County & State and James A. Cockrill there the husband of Mary M. Case aforesaid and since deceased made and entered into a certain agreement in writing wereby the Said Carrillo when the judgement of certain condtions in Said agreement Set forth agreed after the confirmation of the title of certain lands in Said agreement described to make execute and deliver to the Said Cockrill a good and sufficient deed to the following described land that is to Say all that piece or parcel of land Situate in Santa Rosa in the County of Sonoma & State of California and Commencing at a white oak about one half mile from the Santa Rosa Creek [same description of contested property as above]... to the place of the beginning and to contain one hundred and sixty acres and no more and Wheras the said agreement herein before described was by its terms made pending when the legal representatives of the parties thereto and by Virtue of which Said agreement the legal representatives of the said Cockrill whoever they may be will be entitled to a deed to said lands according to the terms of said agreement and whereas the said James M. Case and Mary M. Case (formerily Mary M Cockrill) his wife have in consideration of the Sum of five hundred dollars to them in hand paid by the said Dudley D. Myers the receipt of which is hereby acknowledged have granted bargained sold & conveyed unto the said Dudley D Myers the following portion of the tract of land above described To Wit - The same being the South West quarter of Said One hundred & Sixty acres and to contain forty acres of land Now therefore Know that by the Said James M Case and the Said Mary M Case his wife Shall Will and truly conform to the Stipulations and agreements in the said article of agreement first above described and shall as the legal representatives of the said Cockrill compell the said Carrillo to conform to the said agreement on his part and Shall according thereto procure from said Carrillo a deed to the said land and shall immediately thereafter make execute and deliver to said Dudley D. Myers a good and sufficient deed in fee Simple to the land last above described then this Bond Shall be null & Void otherwise Shall remain in full force and virture. ` James M. Case ` Mary M. Case ` In presences of Hon E. McNair ` Recorded in Book K Page 161" [next section a statement that both individuals are who they say they are, they entered into this agreement freely, and Mary M. Case stated "apart and out of the hearing" of her husband that she entered into the agreement freely] `Given under my hand and Seal of Court at office on this 14th day of February A. D. 1855 N. McC. Manefee Clerk of Sonoma County California. `Filed Nov 30th 1854 at 8 o'clock AM N. McC Manefee Recorder by T H Pyatt" And that afterwards to Wit -- on the 6th day of December AD 1854 the Said Dudley D. Myers and Mary R. Myers his wife entered into a written agreement with the Said Henry Beaver of Which the following is a copy to wit - " Know all men by these present that Dudley D. Myers and Mary E. Myers his wife of the County of Sonoma State of California are held and firmly bond unto Henry Beaver of the Same county and State in the sum of Seven Hundred Dollars lawful money of the United States to be paid to the said Henry Beaver his Executors administrators or assigns for which payment will and truly to be made we bind ourselves our heirs executors administrators firmly by these present sealed with our seals dated the 6th day of December in the year of our Lord One Thousand Eight-Hundred & fifty four. ` The condition of the above obligation is such that if the above bonded Dudley D. Myers and Mary E. Myers his wife Shall within Six months after a Patent issues from the United States Government to Julio Carrillo the original claimant to the hereinafter described premises make execute and deliver unto the Said Henry Beaver his hiers or assigns a good and suffficient Warrant Deed in fee Simple free from all incumbrances and With the named convenants upon being paid the sum of Seven Hundred dolars on or before the execution and delivering of said deed of the following described premises to wit the South West quarter or forty (40) acres of a piece of land formerly purchased of Julio Carrillo by James A. Cockrill & Mary M. Case his wife containing one hundred & Sixty acres of land and no more & bounded and described as follows Commencing at a white oak about one half mile from the Santa Rosa Creek [same description of contested property as above]... to the place of the beginning. Then this obligation to be Void otherwise to remain in full force Virtue and effect. ` Dudley D. Myers ` Mary E. Myers ` Sealed and delivered in presense of signed [next section a statement that both individuals are who they say they are, they entered into this agreement freely, and Mary E. Myers stated "apart and out of the hearing" of her husband that she entered into the agreement freely] `Given under my hand and official seal at office in Santa Rosa on this 6th day of December A. D. 1854 N. McC. Manefee Clerk of Sonoma County California. `Filed for Record on the 9th day of December A. D. 1854 at 8 oclock AM and recorded Dec 18th 1854 N. McC. Manefee Recorder `by Thos H Pyatt Deputy" The above bond recorded in Book K Page No. 163. And that heretofore to Wit on the 11th day of October 1854 the Said Julio Carrillo by deed of Conveyance to one Richard Fulkerson for a piece or parcel of land sold to him the said Fulkerson adjoining the said tract on the North described the same as "Commencing at the most North Easterly Corner of a a tract of land heretofore Sold by the said Julio Carrillo to James A. Cockrill thence a westerly direction along the north line of said tract of land to Tuckers line & e." And the deed of Conveyance above mentioned was filed for record in the recorders office of the County of Sonoma State of California on the Said 11th day of October AD 1854 and was duly recorded in Book N Page 98. And also on the 5th day of June 1855 the Said Julio Carrillo by deed of Conveyance to one Cornelius C. Muney for a piece or parcel of land sold to him the said Muney adjoining the Said tract on the West described the same as "Commencing at a point on the fence Northerly from the House of the Said Carrillo parallel with Western bourndary of the land bargained by the said Carrillo to one Cockrill thence & e." And Said deed of Conveyance above mentioned was filed for record in the recorders office of the County of Sonoma State of California on the 11th day of June 1853 at 10 clock PM of said day and was duly recorded in deed Book N on Page No. 288. And also on the 13th day of December 1854 The Said Julio Carrillo by deed of Conveyance to Berthold Hoen, John William Hartman and Fredic G. Hahman for a piece or parcel of land sold to tehm adjoining the Said tract on the South described the same as "being all that piece fraction or parcel of land lying North of the public Square and betwen the middle of C Street in the Town of Santa Rosa and the Western line of lands of the Said Hoen, Hartman and Hahman and extending from the said Public Square Northwardly to the line of lands of James M. Case & e." And said deed of Conveyance above mentioned was filed for record in the recorders office of the County of Sonoma State of California on the Said 13th day of December 1854 and was duly recorded in deed Book N on Page No. 134. And afterwards to wit on the fifth day of June AD 1855 The said Julio Carrillo made and excuted to the said Henry Beaver a deed of General Warranties for the tract of land So sold and bargained to the said James A. Cockrill which said deed is as follows to wit- "This Indenture made the fifth day of June in the year One Thousand eight hundred and fifty five Between Julio Carrillo of Santa Rosa in Sonoma County in the State of California of the first part and Henry Beaver of the Same place of the Second part. ` Witnesseth that the said party of the first part in consideration of the Sum of Nineteen hundred and Twenty dollars to him duly paid before the delivery here of has bargained and sold and by thse presents does grant and convey to the Said part of the Second part his heirs and assigns forever and that certain piece or parcel of land Situated and being in Santa Rosa aforesaid bounded and described as follows to wit Commencing at a white oak about one half mile from the Santa Rosa Creek [same description of contested property as above]... to the place of the beginning. To contain One hundred and Sixty acres of land and no more. With the appurtencances and all the estate title and interest of the Said party of the first part therein and the said part of the first part does hereby Covenant and agree with the said party of the Second part that at the time of the delivery hereby the Said party of the first is the lawful owner of the premisis in the quite and peacible possession of the Said party of the second part -- his heirs and assigns In Witness Whereof the said part of the first part has hereunto Set his hand and seal the day and year first above written. `Sealed and delivered (signed) Julio Carrillo in the presence of Martin E. Cook. [next section a statement that Julio Carrillo appeared before Thomas H. Pyatt, Deputy County Clerk, on 6 June 1855, is who he says he is, and entered into this agreement "freely and voluntarily"] `Filed for Record on the 15th day of June A. D. 1855 at one oclock PM and recorded same day N. McC. Manefee Recorder `By Joe Miller Deputy" And said deed of Conveyance above mentioned was filed for record in the recorders office of the County of Sonoma State of California on the Said 15th day of June AD 1855 at one oclock PM and was duly recorded in Deed Book N on Page No. 273 And thereafter by deed of Conveyance from said Henry Beaver and wife one Henderson Wilson acquired title to one hundred acres of said tract of land for the Sum of Six Thousand dollars. And also by deed of Conveyance from the Said Henry Beaver & Wife one C. J. Hannath acquired title to Fifty acres of Said tract of land for the Sum of Four Thousand Two Hundred dollars which Said tract of Fifty acres so sold as aforesaid is now in the possession and occupied by one Henry W. McGee and as we are informed has purchased the same from the said C. J. Hannath but there is no conveyance on record establishing that fact. And also by deed of Conveyance from the said Henry Beaver and wife one James Woods acquired title to the remaining ten acres of said tract of land for the sum of three hundred and fifty dollars. Which said James Woods & wife thereafter conveyed to one Thos. J. Boggs who departed this life on or about the [space] day of [space] 18 [space] leaving a widow Sophia Boggs and two children James B. Boggs & A. Leonard Boggs & said children by deed of Conveyance duly executed and recorded leaving to the said Sophia Boggs their undivided interest in said ten acres above mentioned. And the Said Sophia Bogg by deed of Conveyance conveyed the said ten acreas to one James W. Sacrey. All of which said deeds of Converyance appear of record in the recorders office of said Sonoma County State aforesaid. And your Orators further Showeth unto your Honor that as heirs at law of the said James A. Cockrill deceased your Orators would be entitled to the undivided two thirds of the Real Estate so purchased of the said Julio Carrillo. But Now So it is may it please your Honor that the Said Henry Beaver Combining and Confecterating with the Said James M. Case and Mary M. Case his wife Dudley D. Myers and the Said Julio Carrillo together with divers other persons at present unknown to your Orators whose names when discovered your Orators pray they may be at liberty to insist herein paid the said consideration money to wit the Sum of nineteen hundred and twenty dollar the sum mentioned as the consideration to the deed aforesaid and thereby acquired the legal title to the Real Estate herein before mentioned. Which said Real Estate at that time was worth a far Sup[?] price to wit -- the sum of Eight Thousand dollars. And your Orators further showeth unto your Honor that by the action aforesaid your Orators are deprived of the aforesaid opportunity to acquire the legal title to the Real Estate before mentioned to the grant wrong and injury of your Orators. And your Orators further Showeth unto your Honor that a t the time and for a period long before the date of Conveyance from the Said Julio Carrillo to the said Henry Beaver He the said Henry Beaver had full knowledge of the rights of your Orators in the Real Estate So Conveyed to him the said Henry Beaver by the said Julio Carrillo. And that the subsequent purhases from the said Henry Beaver and his grantees to wit Henderson Wilson, C. J. Hannath, Henry W. McGee, and James W. Sarcey purchased and acquired title to their [?]pective portions of Said Real Estate with the same knowledge of the rights and interests of your Orators in the Real Estate heretofore mentioned. And your Orators most humbly prayeth that the conveyance of the said Julio Carrillo to the Said Henry Beaver and all Subsequent Conveyances from the Said Beaver and Others to the parties in interest at the present time may be declared to be in trust for the benefit of your Orators to the extent of an undivided two thirds interest in Said Real Estate. One third interest to your Oratrix Lucinda E. Claypool and one third to your Orator Walter C. Cockrill. And that an account of the [?]nse rents and profits of said Estate from the date of said conveyance to the said Henry Beaver To Wit June 5th 1855 be made and an os[?] of the same be entered against the purchase money so paid by the said Henry Beaver to the said Julio Carrilo and a balance such and the remainder if any over and above the purchase to the extent of two thirds of the Same be paid your Orators. And that they Said Henry Beaver resident of San Jose County[sic], James M. Case and Mary M. Case his wife and Dudley D. Myers residents of Yolo County and Julio Carrillo, Henderson Wilson, James W. Searcy and Henry W. McGee residents of the County of Sonoma & C. J. Hannath resident of the County of San Francisco all of the State of California be made parties defendants to this bill of complaint. Omitting the said James Woods, Thos. J. Boggs (who has departed this life), James B. Boggs, A. Leonard Boggs & Sophia Boggs who have converyed all their title and interest in Said Real Estate in ten acres aforesaid to the said James W. Searcy. And that Subpoenas be issued on the proper writs requiring them to answer or Show cause Why the prayers of your Orators Should not be granted or Such further relief as in Equity or Good Concience would be right and proper in the premises. And your orators further showeth unto your Honer that at the tiem of the date of the Conveyance from the Said Julio Carrillo to the Said Henry Beaver to wit June 5th 1855 for the Real Estate aforesaid and untill within the period of two yeras last past your Orators had no knowledge of their rights or interest in the real Estate aforesaid. Seth Willington Solicitor & Console, for Complainant Residence Santa Rosa Sonoma County California |
This page created on 04/13/01 22:48. Updated 04/19/03 19:05.