Los Angeles daily herald., 1890-01-29
A BIG LAND SUIT.
The Title of the San Felipe Land
and Water Company.


and Water Company.
In the U. 8. Circuit Court yesterday
Elena Castillo de Estrade brought suit
against the San Felipe Land and Water
Company of San Diego, for one-half
interest in the San Felipe rancho.
The claimant is Mexican woman, a
resident of Placer county, in this State.
She was born in Hermosillo, Sonora,
Mexico, in 1928. Her father. Felipe
Castillo, came to Los Angeles back in
the forties, or earlier, and procured,
through Pho Pico, who was then Cover
nor of California, the grant to the San
Felipe rancho, in San Diego county, con-
tanning nearly 10000 acres. The grant
was made May 80, 1915. Two years later
Don Felipe died and left a will, by
which all his estates were be-
queathed to his children. Mrs. Es-
trada and her three brothers, Loreto,
Refugio and Manuel. Augustin Olivera
was appointed executor, but he never
qualified in any way. Refugio and
Manuel died at different times, both
intestate, and their shareE naturally fell
to the surviving brother and sister.
In 1850, Loreto, joining with him
Olivera and Manuel Garfas, undertook
to administer the estate. They gave a
deed of the San Felipe rancho to Juan
Forster for $1,000, half cash and half
live stock. In 1858 Juan Forster went
before theU.S. Land Commissioners who
were appointed to adjust disputed land
titles, and proved up on the San Felipe
rancho. His averment was that he
had purchased the interest of all the
CASTILLO heirs under the original grant,
by order of court of compe-
tent jurisdiction. Olivera, Mrs Forster's
principal witness, is alleged to have
stated that Felipe Castillo left only the
three boys as his heirs, and suppressed
all knowledge of the existence of the
sister. On this evidence the rancho was
duly confirmed to Forster. On August 6,
1865, letters patent for the land issued to
Forster. At the same time the deed
made by Loreto Castillo was fled for
record in Los Angeles county.
Elena Castillo de Estrade left Hermo.
silo in 1851 and went to Marysvile. In
1865 she removed to Placer county,
where she has since resided. Her
mother died when she was an infant.
She last saw her father in Hermosillo in
1S47, and never corresponded with him.
Some years after her arrival in Cali
fornis her brother, Loreto, told her that
her father had made will giving her
some land in San Diego. This was
the first intimstion she had had of the
devise. Loreto told her he had sold his
own interest, but not hers, which re-
mained intact and vested in her. Her
husband. Ciriaco Estrada, set on foot in
quiries as to the legacy. He found Lo.
retO, his brother-in-law, who informed
him that his sister owned an interest in
some land in San Diego willed by her
father, and that he had sold his own but
not his sisters interest. Plaintiff AYERS
that she never heard OF the Forster deed
till 1888, in which year ]. B. Lamar,
Esq, Of San Jose, her attorney, informed
her that he had procured copy from
the Recorders office in Los Angeles.
She was then also told of the proceed
ings before the United States Land Com
missieners and the United States District
Court.
Elena Castillo de Estrade says she is
an ignorant woman, and that she can
neither read nor write. In her petition
for relief in equity she asks to be restored
| to her original one-fourth interest in the
ranch; that the will of her father be de-
clared valid that the Forster deed be
| set aside so far as her interests and those
of her brothers Manuel and Refugio, de-
ceased, are concerned; that she be de-
clared to be the heir. and entitled
to one-half of the interests of her de-
ceased brothers, and that the patent to
Forster be declared a trust for her and
her brothers.
The brother Loreto is still living. All
the other parties, Olivera, Forster and
Garfas, are dead. The defendant cor
poration is syndicate composed of San
Francisco and Los Angeles capitalists.
They bought the ranch in the boom days
and subdivided it iDto forty-acre tracts.
1t is worth about $25 an acre, or $3.50. 600
in all.