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...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 the 18th February 1853 leaving as his heirs at Law your Orators as
aforesaid are Mary M. Cockrill his widow. Who sometime in October 1853
intermarried with James M. Case.
And your
Orators further showeth unto your Honor that your Orators Lucinda E. Claypool
was twenty one years of age on the 13th day of January last past and that she
intermarried with the said Jeremiah Claypool the 29th day of November AD
1855.
And your Orators further showeth unto your
Honor that the said James A. Cockrill in his life time to wit on the 12th day
of July AD 1852 entered into a Written Contract with Julio Carrillo. Whereby he
purchase of said Carrillo the following described Real Estate [repeat of land
description for the entire 160 acres] Upon the following conditions Three
hundred dollars pure[?] in hand to the said Julio Carrillo and that upon
the confirmation by the United States authorities of the land aforesaid to the
[?] Carrillo and the making of deed of General Warrant to the said Cockrill.
Then and at that time the said Cockrill was and agreed and promised to pay to
the said Carrillo the sum of twelve dollars per acre or the full sum of
nineteen hundred and twenty dollars paid as above stated for the land aforesaid
and it is expressly charged and alleged that the defendant Dudly D. Myers was
knowing of the payment of the three hundred dollars paid as above stated for
the land aforesaid and that he answer Sincerely[?] thereto. That the
said contract and agreement the said Cockrill took possession and moved upon in
said premises and made lasting and valued improvements therein and continued to
live and reside upon the same until the time of his death. Said contract and
agreement between said Cockrill and said Carrillo is believed[?] and
thereafter fraudulently to have been surrendered as herein after stated to said
Carrillo and he the said Carrillo is hereby called on and required to produce
and exhibit the same. The substance and effect of which is that the contract
above stated being mutually and reciprocally binding and obligatory on the said
Cockrill and Carrillo for the purchase and sale of the land aforesaid on the
terms above alleged. And at his death left your Orators and his Widow on and in
possession of the same and that in July 1853 the said Widow made application
for letters of administration of said estate which said application was heard
and granted by the Probate Court of said County & bond filed August 11,
1853. And an apportionment made and filed in the Probate Court Sept 26, 1853.
The amount of personal property appraised and accounting to $971.00 with
improvements to $460.00. And that in October 1853 the said Widow intermarried
with James M. Case. And that in November 1853 the said Administrators made a
sale of said property selling the improvements at $480.00 which said sale was
annulled and set aside by the Probate Court in May 1854 as being illegal and
improper therefore void.
That in April 24, 1854
the said James M. Case the Husband of Mary M Case late Cockrill made
application for letter of Administration on said Estate which was granted to
him and his approved bond filed May 17th 1854 who filed a statement of the
condition and apetts[?] of the Estate accounting to the sum of $971.00
omitting improvements or interest in Real Estate which said jur[?]
property and subsequently sold for the sum of $1274.00 and return made of sale
which was approved by the said Probate Court and proceeds of sale was paid out
as per order of said Probate Court paying all the demands against said Estate
and the remainder to the Support of the Widow and children leaving the interest
of the said Estate and to the Real Estate before mentioned undisposed of and
belonging to said Estate.
And that afterwards to
wit on the 2nd day of November AD 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 [description of the deed recorded in Sonoma
County Deeds, Book K Page 159, from an agreement filed 13 Dec 1854 for the
north west quarter, 40 acres, of the property bought by James Cockrill from
Julio Carrillo for which Beaver was to pay $600].
And that afterwards to wit 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 copy to wit
[description of the deed recorded in Sonoma County Deeds, Book K Page 161,
from an agreement filed 30 Nov 1854 for the south west quarter, 40 acres, of
the property bought by James Cockrill from Julio Carrillo for which Myers was
to pay $700].
And that afterwards to wit on
the 6th day of December AD 1854 that said Dudley D. Myers and Mary E. Myers his
wife entered into a written agreement with the said Henry Beaver of which the
following is a copy to wit [description of the deed recorded in Sonoma
County Deeds, Book K Page 163, from an agreement filed 9 Dec 1854 for the south
west quarter, 40 acres, of the property bought by James Cockrill from Julio
Carrillo for which Beaver was to pay $700].
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 tract of land heretofore sold by the said Julio
Carrillo to James A. Cockrill then a westerly direction along the North line of
said tract to Tuckers line" And said deed of conveyance mentioned was filed for
record in the recorders office of the County of Sonoma State of California on
the said 11 day of October AD 1854 and was duly recorded in deed Book N Page
98.
And also on the 5th day of June 1855
the said Julio Carrillo by deed of Conveyance to one Corneleus Cillinery
[?] for a piece or parcel of land sold to him the said Miney[?]
adjoining the said tract on the west described the same as "commencing at a
point on the [?] Northerly from the House of said Carrillo par[?]
with the western boundary of the land bargained by the said Carrillo to one
Cockrill [?]"
And said deed of Conveyance
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 1 o'clock PM on said day
and was duly recorded in deed Book N on Page no. 268.
And also on the 13th day of December 1854, the said
Julio Carrillo by deed of Conveyance to Berthold Hoen, John William Hartmann
and Feodore G. Hahmann for a piece or parcel of land sold to them 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 between the Middle of "C"
Street in the town of Santa Rosa and the Western line of lands of the Hoen,
Hartmann and Hahman and extending from the said Public Square Northwardly to
the line of lands of James M. Case."
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 in Page no. 134.
And then afterwards to wit on the fifth day of
June AD 1855 the said Julio Carrillo made and executed to the said Henry Beaver
a deed of General Warrrant for the tract of land so sold and bargained to the
said James A. Cockrill which said deed is as follows to wit: [description
of the same 160 acres Carrillo originally sold Cockrill which Beaver was to
then buy for $920, and was recorded in deed Book N on Page no. 273, and filed
15 Jun 1855].
And then thereafter by deeds of
Conveyance from the 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 and wife one C. F. 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 and has as we are informed filed a deed for record for the
same in the recorders office since the following of our Original Bill of
Complaint.
And also a 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 after departed this life on or about the day of 18 [blank]
leaving a widow Sophia Boggs and Two Children James B Boggs & A Leonara
Boggs & said Children by deed of Conveyance duly executed and recorded and
conveyed to the said Sophia Boggs their undivided interest in said Ten acres
above mentioned. And the said Sophia Boggs by deed of Conveyance the said ten
acres to one James W. Sacrey.
All of
which said deeds of Conveyances duly appear of record in the recorders office
of said Sonoma County State aforesaid. And your Orators further showeth
hereunto your Honor that as heirs at Law of the said James A. Cockrill deceased
your Orators would be entitled to the undivided One half of the Real Estate as
purchased of the said Julio Carrillo.
But
now so it is may it please your Honor that the said Henry Beaver Combining and
Confederating[?] Fraudulently with the said James M Case and Mary M Case
his wife, Dudley D. Myers and the said Julio Carrillo together with such other
persons at present unknown to your orators whose names when discovered your
Orator prays they may be at liberty to [?] here in paid the remaining
consideration money. To wit the sum of sixteen hundred and twenty dollars which
with the sum of three hundred dollars that was paid in advance as we are
informed makes the full sum of nineteen hundred and twenty dollars the
consideration mentioned in the deed form the said Carrillo to Said Beaver And
Hereby; acquired the legal title to the Real Estate herein before mentioned
which said Real Estate at that time was worth a far superior 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 opportunity to acquire the legal title to the Real Estate
before mentioned to the great wrong and injury of your orators.
And your orators further showeth unto your Honor that
at the time and for a period long before the date of the 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 purchases from the said Henry
Beaver and their grantees to wit Henderson Wilson, C. J. Hannath, Henry W.
McGee and James W. Sacrey purchased and acquired title to their respective
fractions of said Real Estate with the same knowledge of the rights and
interest of your Orators in the Real Estate aforesaid.
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 one half in said Real Estate. One
fourth interest to your Orators' Lucinda E. Claypool and one fourth to your
Orator Walter C Cockrill. And that an account of the [?] 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 [?] of the same be entered
against the purchase money to be paid by the said Henry Beaver to the said
Julio Carrillo and a balance struck and the remainder if any over and above the
purchase money to the extent of one half of the same be paid to your
Orators.
nd Julio Carrillo, Henderson Wilson, James W. Sacrey and Henry W.
McGee residents of the County of Sonoma & C. F. Hannath resident of the
County of San Francisco all of the State of California be made parties
defendants t this bill of complaint omitting the said James Woods Thos J. Boggs
(who departed this life) James B. Boggs, A. Leonara Boggs & Sophia Boggs
Who have conveyed all their titles and interest in said Real Estate or ten
acres aforesaid to the said James W. Sacrey. And that subpoena be issued or the
proper writs requiring them to answer or show cause why they prayers of your
Orators should not be granted on such further relief as in Equity or Good
Conscious would be right and proper in the pre[?]
And your orators further Showeth unto your Honor
that at the time of the date of the Conveyances from the said Julio Carrillo to
the said Henry Beaver to Wit June 5 1855 for the real estate aforesaid and
written within the [?] of those years last past your Orators had no
knowledge of their right or interest in the Real Estate aforesaid.
Seth Willington
[?]
and atty. for Pltffs.
Recorded in
Santa Rosa California.
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