Jeremiah Claypool et al vs. Henry Beaver et al

From Sonoma County District Court (new series) Case #657

  1. Card "Claypool vs. Beaver, et al". Filed Feby 21st 1867.  
  2 - 3. Judgement  
  This cause came on to be heard on motion and affidavit of Plaintiffs to amend their complaint and the Same being heard and fully understood by the County Ordered that said Plaintiff have come to amend their complaint and that John H Holman administrator of the Estate of James W. Sacrey, deceased, Walter C. Cockrill, James Woods, Sophia Boggs, A. L. Boggs Hames B Boggs Mary M Case and James M Case her heirs same be made parties defendants herein in addition to them already named herein and that Said amended complaint be filed within thirty days and a copy thereof served on to[?] and thence[?] Esqs Attorneys for those defendants that have been served and sworn the original complaint and that they have ten days thereafter to file an answer and that the necessary summons issue requesting to and [?] that have not been heard [?] and also to those additional defendants that have been added hereto that this [?] be continued until next term of this court.
J. B. Southard
District Judge  		  
  4. Statement by the attorney for the plaintiffs.  
    It is hereby stipulated and agreed by and between the parties of the above entitled action that the plaintiffs in this cause that the time limited by the order of this said court made at the February Term thereof A. D. 1867, within which the plaintiffs should file and serve a case[?] of their purpose amended complaint herein be and the same is hereby extended twenty days beyond the time limited by said order.    
  5. Cover filed March 14, 1867  
  6 -8. A complaint that is a history of the whole complaint so far.  
  9. Cover -- affidavit filed Feby 21st 1867.  
  10. Cover -- 657 Lucinda E. Claypool late Lucinda E. Cockrill and Jeremiah Claypool her husband, bs. Amended Complaint Henry Beaver, Julia Carrillo, et at. Filed April 8th 1867.  
  11 - 23. Amended complaint -- the full complaint with deed descriptions etc.  
    Henry Beaver, Julio Carrillo, Henry[crossed out] Wilson, C. J. Hannath, Henry W. McGee, Jas Woods, Sophia Boggs, Walter C. Cockrill, Mary M. Case, Jas M. Case, her husband, Jno H. Holmes administrator of the estate of Jas B Sacry deceased. -- defendants.
Temple and Thomas atty for Henderson Wilson and Henry W McGee accepts issue of a copy of the foregoing amended complaint on the 8th day of April 1867. 		   
  23- 27. Statement from Henderson Wilson requesting the Plaintiffs show cause why he should be tried with all the rest. That Walter C. Cockrill, Mary M. Case and Jas. M. Case should be plaintiffs since the complaint does not show any action or cause against them. That several causes of action have been improperly united. Denies ever making any agreement with James A. Cockrill or having any knowledge that Julio Carrillo had sold the property to Cockrill first, and that he only made his agreement with Henry Beaver.  
  28. Cover answer of H. Wilson filed April 17th 1867.  
  29 - 33. Statement from Henry W. McGee. Very similar to Henderson Wilson's.  
  34. Cover answer of Henry W. McGee filed April 17th 1867.  
  35. Form of a summons requiring all the defendants to appear in court. Issued 28th April 1887.  
  36. Summons form from the Sheriff of Sonoma Co. J.P. Clark that the summons had been delivered to Julio Carrillo and John H. Holman, 30th April 1867.  
  37. Cover card answer of defendants Hannath, Carrillo, & Holman. Filed May 9th 1867.  
  38 -39. Statement from Julio Carrillo, C. J. Hannath & John H. Holman. Similar arguments as above.  
    That Walter Cockrill, Mary M. Case, and James M. Case should be plaintiffs, etc.
That the complaint does not state facts sufficient to constitute a cause of actions against these defendants. 		   
  40 - 42. Statement by John H. Holman.  
    Denies making any agreement with James A. Cockrill or that he knew that James A. Cockrill had paid any amount of money for the land that was later bought by Beaver, or that there ever had been a contract between Cockrill and Carrillo.    
  43. Cover "Holman's answer" filed July 18th 1867.  
  44. Cover "Hannath de[?] filed July 18th 1867.  
  45. Statement from Charles [Chaples?] John Hannath -- That the complaint does not state facts sufficient to constitute a cause of action.  
  46. Cover "Carrillo's answer filed July 19th 1867.  
  47 -48. Statement by Julio Carrillo.  
    ...denies that on the 12th day of July 1852 or at any other time this defendant made executed or delivered to James A. Cockrill in his lifetime a written promise or argument to convey the land described in the plaintiffs' complaint to the said James A. Cockrill at the time or in the manner or upon the conditions mentioned and stated in the plaintiffs complaint and this defendant denies that this said James A. Cockrill paid any part of the considerations mentioned in the plaintiffs' complaint from the land therein described and this defendant denies that the said James A. Cockrill or his heirs ever performed and contract upon their part made between the said James A. Cockrill and this defendant for the purchase of the said one hundred and sixty acres of land mentioned in the plaintiffs complaint.
Wherefore this deft. asks judgement for his costs.
Temple & Thomas
attys for deft.
Sworn that it is a true statement 19 July 1867 and signed by Julio Carrillo 		   
  49 - 62. Yet another statement of the complaint as a list of issues.  
  63. Statement by and signed by Jeremiah Claypool that the above complaints is correct.  
  64. Cover Filed July 29, 1866  

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