The morning call., 1891-11-29
AN IDYL OF EARLY
CALIFORNIA.
Old Mexican Cayalrymen Discover
They Are Rich.
One Of the Largest Land Suits Ever Recorded
in California Soon to Be Brought in
Monterey County.

One of the most remarkable cases of land
litigation in the history OF California will
soon vex the Superior Court of Monterey
County, whence there is little doubt It
will go to the Supreme Court, If not COM
promised or settled, and it is not by any
means impossible that the highest tribunal
of the nation may be cal led 10 consider II be-
fore the end is reached.
The suit is being brought by General w.
II. l.. Barnes and William S. Barnes, OF this
city, and w. II. Laysm Of Salinas, as at
torneys for seven old Mexicans, against
Henry ). Emery, Abner S. Bassett and up
ward of 400 other defendants, to secure a
partition Of what is known as the Rancho
San Jose Sur Chiquito. tract in Mon
terey County mprisingtHo square leagues
or about IL ,000 acres OF now quite valuable
land
The train of events leading up to this gi-
ganlie piece If litigation covers a p-riOd of
more than fifty years, and II fully narrated
would read Ike a romance.
In 1887 the Mexican Government granted
to Marcelino Escobai two square leagues OF
land situated near the town Ct Monterey,
and bounded BY Carmel River, SoberaEEs
Creek, the Coast Range or S!erras as the
grant specifies, and the Pacific Ocean. n
1888 Escobai applied 10 Governor Al
varado to have the grant confirmed
which tho Governor readily pre-
ceeded TO do. and in 1910 the gran.
| received the additions! confirmation of ti's
, Depaf S.!...iII s..,ii .1AsseiiltJty -r,
This having been achieved, Escobai re-
| turned To Mexico, leaving in possession of
| his magnificent domain Mrs. Escobai and
| their two minor sons. 1n 1s40 Mrs. Esco-
| bal sold the whole tract TO Donna Josefa
making the sale in the name Of her nus
| band. Subsequently, however, ESc0bai
| returned and approved the sale and no
| question was raised as to its validity dur
ing his lifetime.
About 1874 Mrs. Abrigo sold the tract to
the Presdial Company OF cavalry sent there
| by the Mexican Government, aud stationed
| by order Ut 1.-THE capital OF Monterey Of the
| Department Of the High Californias."
| There had evidently been very little booming
of real estate at that time, as Mrs. Abrgo
| got no more for the tract than her husband
| mad paid four years before, $3.50, and 1t was
| paid to her in silver by the paymaster OF the
company, Eusign Don Jacinto Rodriguez.
| This company consisted Of Twenty-Five
| members, commanded by Colonel Jose Cas-
| tro, in honor of whom the town of Castro
Vile was afterward named, and these cav
| alrymen became, Of course, according TO
| the terms OF the purchase, owners and ten
| ants in common.
A few years later, but some time in the
| 40's, six of this company transferred their
| interest to Colonel Castro for $500, a very
| considerable increase over the purchase
| price and strong indications of Initiating
| value. A short time atterward eleven
more of the company transferred
10 Colonel Castro all their interest, and
| the Colonel then held a title to seventeen
twenty-flths of the original tract. He re-
| tanned possession till 1854, meanwhile hav-
| ing been promoted to General What
became of the eight cavalrymen who did
not transfer the records nowhere disclose
| but they evidently presented little obstacle
| 10 the General in the way OF claim or title,
for IN 1851 he sold the whole ranch
| to Henry 5. Emery and Aoner s..
Bassett for 500. Since that time and
up to the present there have been
something like 400 transfers from Emery
and Bassett and their grantees, and the
property is now estimated to be worth over
| Sl,0o0,0OO, due to the rapid settlement oil
that section OF country and the unusually
good quality of the land.
In 1887 n. w. Spauldng and the other in
terested owners applied for United States
patent and it was issued without any Ques-
| ton or difficulty upon the presentation of
| record OF claim.
The title to this fine tract having been un-
| questioned so long, it would seem by the
| most natural order of things to be fully and
| uDqucstionably established by this time.
The discovery that 1t was not was by one
OF the smallest hairs conceivable, and only
illustrates again what great things very small
things may sometimes lead to.
Don Jose Garner was born in Monterey,
raised there, always lived there and knew
personally in his boyhood the twenty five
members of the cavalry company. He owns
some land in the tract they originally
bought, and short time ago got into law
suit concerning it. w. H. Layson, an attor-
ney of Salinas, was employed by him TO liti-
gate the case, and in searching the
records to look up the title came
acciden tally across the old Castro convey
ance, showing very plainly that while the
| General sold the whole ranch, he really
had title to but seventeen twenty-fifths
| of it. Garner remembered the names
of the other eight and a search was
instituted for them. Much to the sur
prise Of all concerned, all but one of them
were found, that one having died, and they
all testify to the facts proven by the records
They have been called together by the at
tOrneys, and now join their forces in prose
cutting this wond rful case.
That the facts as related are absolutely
true are not only testified by these seven
old cavalrymep, but the Mexican archives
and the records Of Monterey County have
been carefully searched and prove the
whole story beyond possibility of douot.
The claim Of the old men is now worth
about 100000. quite an increase over what
they paid and tremendous pile Of money
to old Mexicans.
Just how the case may end is pure specu
lation. of course. The many owners nov
will probably seek settlement rather thar
titles clouded.
The papers are nearly ready to file il
court and 1t may be done this week.
1