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In Chancery: Jeremiah Claypool,
Lucinda E. Claypool, & Walter C. Cockrill vs Henry Beaver, James M. Case,
Mary M. Case, Henderson Wilson, C J. Hannath, James W. Sacrey and Henry
McGee.
1st The Plaintiffs in the above entitled
complaint Show unto the Court That Jeremiah Claypool and Lucinda E. Claypool
are residents of Sonoma County California and Walter C Cockrill a minor under
the age of twenty one years is a resident of Yolo County State aforesaid. Who
sues by his Guardian Jeremiah Claypool.
And that
the defendant Henry Beaver is a resident of the County of Santa Clara and the
defendant C. J. Hannath is a resident of the County of San Francisco and the
defendant James M Case and Mary M Case his wife are residents of the County of
Yolo and the defendants Henderson Wilson, James W. Sacrey and Henry McGee are
residents of the County of Sonoma all in the State of California
aforesaid.
2. And that they Lucinda E. Claypool
& Walter C. Cockrill are the only living children of James A. Cockrill
deceased who departed this life on or about the 18th day of February 1853
leaving as his heirs at Law your Complainants as aforesaid and Mary M. Cockrill
his widow who sometime in October 1853 intermarried with the said James M.
Case.
3. And that your complainant Lucenda E.
Claypool was Twenty One years of age on the 13th day of January 1865 and that
She intermarried with the said Jeremiah Claypool on the 29th day of November
1858.
4. And your Complainants further show unto
the court that the said James A. Cockrill in his lifetime "To wit on the 12 day
of July 1852 entered into a Written Contract with Julio Carrillo Whereby he
purchased of said Carrillo the following described Real Estate situated in 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 Bulio Thence Northward... [same
description as before] containing one hundred and Sixty acres and no more" Upon
the following conditions three hundred dollars paid in hand to the said Julio
Carrillo. And that upon the Confirmation by the United States authorities of
the Land aforesaid to the said Julio Carrillo and upon the making of a deed of
General Warranted to the said Cockrill. Then and that time the Said Cockrill
was and agreed and promised to pay the said Carrillo the sum of twelve dollars
per acre or the full sum of nineteen hundred twenty dollars [?] the Sum
of Three hundred dollars as above Stated.
5. And
that upon said Contract and agreement the said Cockrill took possession and
moved upon said premises and made lasting and valuable improvement therein and
continued to live and reside thence 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 hereinafter stated to said Carrillo. And he the said Carrillo is hereby
called on and required to produce and exhibit the same. The Substance and the
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 complainants and his Widow on and in possession of the
same.
6. And that as heirs at Law your
complainants Lucinda E. Claypool would be entitled to the undivided one Fourth
of said Real Estate and that the said Walter C. Cockrill to the undivided One
Fourth and that the Widow now Mary M Case to the undivided one half of said
Real Estate.
7. And that Mary M. Case and James
M. Case were respectfully appointed Administrators of said Estate by the
Probate Court of said Sonoma County And that in the 30th[?] day of
January 1855 a final settlement of the Said Estate was made from which it
appeared that all the demands against said Estate that had been presented and
allowed were paid. Caring a balance yet remaining in the hands of the
Administrators which was ordered to be paid to the support of the Widow and
Children.
8. And that the tract of land
aforesaid was confirmed by the United States Land Commission appointed under
the act of Congress approved March 3 1851. On the 4th day of April 1854 unto
the said Julio Carrillo And was also confirmed to Julio Carrillo aforesaid by
the District Court of the United States for the Northern District of
California. On the 2 day of March 1857 and appeal dismissed on the part of the
United States on the 27th day of March 1857.
9.
And your Complainant further show to the Court, that if there was at the time
of the Administration and Settlement of said Estate any portion of the
Consideration money due and unpaid upon the contract for the land aforesaid the
same should have been presented to the Administration and allowed which was not
done and that at the time of the Confirmation by the United States authorities
of the tract of land aforesaid to the Said Julio Carrillo. On at any subsequent
time thereafter the Said Julio Carrillo or his grantees have never tendered a
deed for Said tract of land to the legal representatives of the said James A.
Cockrill deceased or demanded the balance of the purchase money if any was due
in Said Contract.
And the failure by the said
Julio Carrillo or his grantees to tender a deed or demand the balance of the
consideration money aforesaid if any was due. Then deed[?] amount is not
entitled to draw interest until said demand is made and the tender of a deed as
aforesaid.
10. And that afterwards to wit in
November 1854 The said James M. Case and Mary M Case his wife entered into a
written agreement with said Henry Beaver. Whereby they agreed to upon the
conveyance of the stipulations in said agreement mentioned to execute to said
Henry Beaver a good and sufficient Warranty deed in fee simple free from all
incumbrances with the usual covenants to the following described portion of the
tract of land aforesaid to wit, "the South West quarter or (40) acres of the
land aforesaid which said agreement [?] duly acknowledges and duly
recorded in office of the Said County of Sonoma and State aforesaid On the 13th
cay of December A. D. 1854 at 10 o'clock A. M. of Said day in Book K of deeds
on Page No. 139.
11. [James M. Case &
Mary M. Case to Dudly D. Myers deed] On the 30th day of November 1854 at 8
o'clock A. M. of said day in deed Book "J" in Page No. 161.
12. [Dudly D. Myers and Mary E. Myers to Henry
Beaver deed] 9th day of December 1854 at 8 o'clock A. M. of said day in Deed
Book K in Page no. 163.
13. And your
Complainants further show to this court. That afterwards to wit on the 6th day
of June 1855. The said Julio Carrillo, Henry Beaver, James M Case and Mary M
Case his wife, conspiring and confederating Fraudulently together with deeds
other persons at present unknown to you Complainants whose names when disclosed
may be at liberty to insert herein as defendants. With the intent to defraud
and wrong said Complainants he the said Julio Carrillo made deed to
acknowledged and delivered unto the said Henry Beaver a deed of General Warrant
in fee Simple for the tract of land aforesaid for the alleged consideration of
nineteen hundred and twenty dollars which said tract of land at that time was
worth the sum of six thousand dollars. And then and there the contract
agreement between the said Carrillo and Cockrill aforesaid was delivered up and
surrendered to the Said Carrillo. And the said Henry Beaver acquired the Legal
title to the Real Estate aforesaid to the great Wrong and injury of said
Complainants Which said deed was duly recorded in the Recorders office of the
said County of Sonoma State aforesaid. On the 15th day of June 1855 at one
o'clock PM of said day and recorded in deed Book N on Page no. 273.
14. And your Complainants do wit claim to decide
Whether the said Mary M. Case parted with any of her interest wither loyal or
equitable in the Real Estate aforesaid or any part thereof or still retains it
but refer that question to your Honor to decide Therefore we[?] that She
the said Mary M. Case with her husband James M. Case be made parties defendants
to this complaint and that they be required to answer the same.
15. And thereafter by deed of Conveyance from the Said
Henry Beaver and wife The said Henderson Wilson acquired title to one hundred
acres of said Tract of land.
16. And also by
deed of Conveyance from the said Henry Beaver and wife the said C. J. Hannath
acquired title to fifty acres of said tract of land which said C. J. Hannath
thereafter conveyed to the said Henry W. McGee.
17. And also by deed of Conveyance from the said Henry
Beaver and wife one James Woods acquired title to the [?] ten acres of
said tract of land Which Said James Woods & wife thereafter conveyed to one
Thos J. Boggs who departed this life in about the day of [space] 18
[space] leaving a Widow Sophia Boggs and two children James B Boggs & A.
Leonard Boggs and said children by deed of conveyance, conveyed to the said
Sophia Boggs their undivided interest in Said Ten acres above mentioned. And
the said Sophia Boggs by deed of Conveyance Conveyed the said ten acres to the
said James. M. Sacry. All of which said deeds of conveyance duly appears of
record in the recorders office of said Sonoma County and state aforesaid.
18. And your complainants further show unto the Court
That as we have been informed and verily believe The said Henry Beaver and his
grantees and their claiming title through and tender him at the time he the
said Henry Beaver acquired title to the Real Estate aforesaid to wit June 5th
1855 and until the present time entered into the possession and conveyance of
the same and have received the revenue rents and profits of said Real Estate to
the great wrong and injury of your complainants. Said Rents and profits we
verily believe to be worth the sum of five hundred dollars per annum. That
amount being one half of the value of the rents and profits of the whole tract
aforesaid and that they render unto us as trustees an account of the amount of
the rents and profits on hand and received and enjoyed by them.
19. And that afterwards to wit June 5th 1866 Waving
our right to have the balance of the consideration money if any there was
unpaid and owing to be decided out of the main rents and profits in the hands
of said defendants and also for the purpose on our part of performing all and
every obligation pretended[?] or otherwise. That might be obligatory
upon us tendered unto the said Henderson Wilson, James M. Sacry and Henry W.
McGee the said defendants that have the legal title to the Real Estate
aforesaid the full sum of Fifteen hundred and twenty dollars being the amount
of the principle and interest due and unsatisfied upon the share of your
complainants claim in the tract of land aforesaid provided there is any amount
unpaid or interest due in said amount which they refuse to receive and make a
deed to your Complainants for their interest in the tract of land aforesaid and
that they still refuse to receive and except although[?] we were ready
and will at that time and are still ready and willing to pay the amount
aforesaid.
20. And your complainants further
show unto the court that the said Henry Beaver and his grantees had full and
actual notice of the rights and interests of your Complainants in and to the
Real Estate aforesaid and the Contract between said Carrillo and Cockrill of
the possession and occupancy of said tract of Land by the Said Cockrill and by
his heirs after his death, and the Surrendering of the actual agreement ot the
said Julio Carrillo in the manner heretofore stated.
21. And your Complainants ask that the conveyance
of the said Julio Carrillo to the said Henry Beaver and all subsequent
conveyances to the parties in interest at the present time to wit, Henderson
Wilson, James M. Sacry and Henry W. McGee [space] may be declared to be
in trust for the benefit of your Complainants to the extent of an undivided one
half in Said Real Estate one forth interest to the said Lucinda E. Claypool and
one forth interest to the said Walter C. Cockrill and that the said James M.
Case and Mary M. Case his wife late Mary M. Cockrill be made parties defendants
to this complaint and that they be required to specifically answer the same
that[?] their rights and interest if any they have may be determined and
that said defendants Beaver, Hannath, Wilson, Sacry and McGee account to us for
the revenue rents and profits of the real Estate. So have and received and
enjoyed by them as trustees and that this Court shall determine if any
consideration[?] money is yet remaining unpaid in the Contract between
the said Cockrill and Carrillo and if any should be due the amount still due
and also if said amount should draw interest and if to show what period of time
And such further relief as would be right and proper in the premises and the
said Henry Beaver, James M. Case and Mary M. Case his wife, Julio Carrillo and
C. J. Hannath be made parties dependant to this complaint as they are necessary
parties to a complete determination of the matters in Controversy. Also
Henderson Wilson, James M. Sacry and Henry W. McGee who claim adversely to
[?] be made parties defendants And that subpoenas be issued in the proper
writs requiring them to answer or show cause why the prayer of your
Complainants should not be granted.
Seth
Willington
Atty & Solicitor for
Complainants
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