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This Indenture
made and executed between Elvina L. Pond of the City and County of San
Francisco of the first part, and Henry Lawrence, Theodore G. Cockrill, Charles
Morgan, Patrick Leighy, George W. Griffith, William P. Henshaw, Abrahma
Linebaugh, George Campbell, John White, E. G. Cabell, Milbus Osborn, William C.
Ables, Irwin Roberson, W. L. Allen, Hubbard Benton, Mariman Peters, John
Peters, George W. Case, Joseph Huntly, Robert McCallom, G.W. Wolfe (Doctor),
David Markle, William White, Cuthbert Whit, Elliot W. Poter, William W. Cofer,
Reuben Carey, Peter Whitaker, Michael Laugenberger, John Griffin, William
Clarke, Abrahma C. Stout, John Giberson, Nathanial I. Peimer, Edward Gown, John
Sharon, Eli B. Wilson, Donald A. Webber, Fraae [?] Keiffel, Charles Stewart,
Josiah Sharp, Alonzo Walker, Thomas McCune, Ezekiel Denman, Peter Fergeson,
Edward Linsey, Benjamin G. Whited, Samuel Adams (Druggist) Henry Mizer,
Alexander McCue, and James N. McCune, residents of the counties of San
Francisco, Sonoma and Marin State of California parties of the second part
Witnesseth that I the said Elvina L. Pond, for and in consideration of the sum
of six Thousand Eight hundred dollars to me in hand paid by the said parties of
the second part, the receipt whereof is hereby acknowledged, have given
granted, bargained, sold and quit-claimed, and by these presents do grant
bargain sell and quit-claim to the said parties of the second part all the
right title and interest which either as one of the children and heirs of
Stephen Smith deceased or as one of the devisees, under his last will and
testament I have or may claim in and to that certain tract of land situated in
the counties of Sonoma and Marin, and known as the "Blucher Rancho" and by the
Rancho now, or of late of Don McCutock, on the North East by the Rancho de
Santa Rosa, on the South East by the Rancho de San Antonio: and on the west and
north west by the Pacific Ocean and the Estero Americano, it being the same
Rancho formerly granted to Don Juan Vinget by Manuel Micheltorena, Governor [?]
of the Department of the Californias on the 14th day of December A. D. 1844 and
by the said Vinget conveyed to the said Stephen Smith now deceased and the same
as is mentioned in the said last will of the said Stephen Smith by the said
name of "Blucher Rancho" to have and to hold all my said right, title and
interest in and to said tract of lands, whether vested in me as one of the
heirs of said Stephen Smith or as one of the devisees, under his last will and
testament, with all the tenements, hereditaments, privileges and appurtenances
thereto belonging to them the said parties of the second part their heirs and
assigns as tenants in common. This deed is intended and executed as a
substitute for, and in the place of a deed made by me to the same parties of
the second part, and for the same Rancho, and executed on the 1st day of March
1858 there being some informalities in its execution.
In witness whereof, I have signed and sealed this deed
as a fee sole, being authorized thereunto by stature my husband Goldsburgh H.
Pond having been absent from the State of California and from me, more than one
year last past. San Francisco, Apr 3rd A. D. 1858. State of California.
Elvira L. Pond [seal] County of Sonoma
This certifies that before me E. W. McKinstry,
District Judge of the 7th Judicial District embracing the said County of Sonoma
on this the 3rd day of April 1858 came Mary E. G. Hodges and Joseph Simpson
credible and disinterested citizens of the State of California who being by me
duly sworn according to the act in such case made and provided did each depose
and say, and prove to my satisfaction that they are each acquainted with Elvira
L. Pond the maker of the deed hereto attached and are also each acquainted with
her husband Goldsbury H. Pond, and that her said husband Goldsburgh H. Pond
does not for more than one year next preceding that date has not been bona fide
residing in this State -- and thereupon on this 3rd day of April A.D. 1858,
before me E. W. McKinstry Judge of the 7th Judicial District of the State of
California embracing the County of Sonoma, personally appeared Elvira L. Pond
wife of Goldsbury H. Pond personally known to me to be the person described in
and who executed the foregoing deed hereto attached, who acknowledge to me that
she executed the same freely and voluntarily for the use and purposes therein
mentioned: and I further certify that the said Elvira L. Pond was made
acquainted with the contents of said deed and acknowledged on an examination
separate and apart from, and without the hearing of her said husband, that she
executed the same freely and voluntarily, without fear or compulsion or undue
influence of her said husband, and that she does not wish to retract the
execution of the same.
In witness whereof I have
hereunto set my hand as District Judge of the 7th Judicial District and ordered
to be affixed the seal of the District Court of said County of Sonoma this 3rd
of April A.D. 1858.
E. W. McKinstry
Dist.
Judge 7th District Court |
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