The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-12-16
San Pablo Ranchmen Are
All Right.
so SAYS JUDGE HEBBARD.
The Referees Report Reviewed and
Confirmed in All Its Essen.
tial Aspects.

| mug Vi ING emu Oh lulS celeDrdteQ iltlgdtlOD.
The case has been in the courts of this
county since 1866. and has been appealed
and reappealed to the Supreme Court five
| UT six times.
The litigation. as the readers of THE CALL
will remember, has TO do with one OF the
largest landed properties in Alameda
| County.
This is the story: Long before California
was admitted into the Union as a State one
OF the Castro family secured grant from
the Mexican Government for about 01SO0
acres of land in what is now Alameda
County. This grant became the San Pablo
rancho, and upon the death of the elder
Castro most of ii was decided to a daughter,
the wife OF Henry V. Alvarado.
The other heirs of the Castro family had
an interest in the property. however. and
as time went on and California became a
| grant. together with all other Mexican
! grants. came under the laws OF the United
States governing the holding, sale and
transfer OF real property. Previous to this
| time both Mrs. Alvarado and her relatives
had been selling land to emigrants. and in
1866 IL was discovered that the Castro heirs
had unwittingly sold far more land than
| The San Pablo rancho contained.
Inc various purchasers were without title
10 the land they occupied and could give no
clear deed to 1t when they wanted to sell 1t.
In order 10 settle the matter aud fix the
boundaries OF the possessions Of each ten
ant or owner on the rancho, friendly suit
was commenced in 1866 by Henry Z. Emerie
against Henry Y. Alvarado. the husband
| OF The woman who was wtlled the major
| portion of the grant.
The rancho was partitioned among the
| owners OF the land by the courts, but
the case was appealed to the Supreme Court
and the partition set aside. Then the suit
was renewed in the lower courts and SO il
| has gone ON until now.
Some time ago Judge Hebbard appointed
| Richard Il. Hammond, Albert L. Crane and
John L. Sheehan as referees. TO survey the
| land and divide it among the people TO
| whom IL had heen sold, thus giving them a
| clear title 10 their ground. The work of the
| re1erees extended over many months, and
| In September last they reported to the court
| that the work of surveying had been CON-
| pleted, streets and roads had been laid out
dor the town of San Pablo is located on
the rancho), and that they were ready to
| finally aliot to each tenant his or her share
OF the rancho under the deeds they held
| from the Castro heirs.
A multitude Of directors to the report at
once appeared. Nearly every law firm of
| any prominence in this city aud Oakland
was represented in the case. Men who had
bought and paid for 1000 acres Of ground
OBJECTED 70 being given deed for only 900.
Judge Hebbard took the report of the
referees under consideration and yesterday
w
| To-day at 2 o'clock the referees meet to
begin their hnal work Of allottiDg 10 each
| person on the rancho the ground they are
entitled to under the partition and giving
them deed for the same. This done the
! title TO lands In the san Pablo rancho will
be unclouded aud the case that has been on
trlal Tor nearly twenty-seyen years will
come to an end.
Judge Richards decision Is as follows:
| In obedience 10 the inlerlocuIory decree fled
/ B.. al fufa
! Tory decree was thereafter affirmed by the Su-
| pIeme Court and remiititur duly fled IN this
/ court MeSsrs. Richard +. Hammond Jr. Albert
| L. Crane aud John 4. Sheehan, the referees duly
| appointed to Partition the premises involved 10
! THIS action. made and fled herein on the HID
| day OF September 1892, their partial report of
| Inc surveys and Rppraisements Of all OF the
! speeihc tracts and railroad tracts described IN
the findings, and also Of all other lots and subdl-
visions as found by them to be existing In the
actual possession OF The various parties 10 this
action. exclusive of The improvements thereon
and also oi The ways, roads and streets which
they said ieieteesl have laid upon said prem
ises, be paTiiioned, TO wit: San Pablo rancho
And thereafter Gu the 18th day "a October
1897, and upon due notice 10 all the parties in iu-
teLest, SAID partial report, as amended In
lain particulars by said referees, came on
before this court for hearing upon the writ
| ten objections thereto ned and upon Ger.
| iain further oral objections made thereto upon
me hearing, and said obi etions being fully
! inquired into By oral and documentary evidence
adoucec In support OF and against said obIec-
uons after argument. The same were submitted
| 10 The court on the 7th day OF November 1892
\ Tor consideration and decision.
And now The court, having fully con sidered all
! OF said objections aud said partial reuoTt
| makes and flies this rs opinion In relation
thereto aud 10 the order of rhe divisions OF
suDJect-mhtteT IN said partial report contained.
SURVEY OF EXTERIOR BoUNDARIEs-GRoss
AREA.
Tie referees find The gross area Of the prem
lses 10 be partiiioned 10 be II .62S. 10 acres
being 1904 acres less than Is specin d i'm the
p'tent aud finding, In this action computed from
the held notes OF the StraitOn surv y for patent
This discrepancy of 80 - acres appears TO
be due TO errors OF chanIng made In the patent
survey. ana the number OF acres as found by
tbe referees, 10 wit: 17,62S.l5, is conceded 60 be
Inc actual gross area OF the anchO as Included
within the original boundaries.
The hnding In this respect Is approved
WAYS, ROADS AND STREETS.
The referees report that they have laid out "a
ana Tor public ways, roads aud streets thirty
! highways, representing a total length OF 80 23
miles and total surface area Of 342 .04 acres.
To this system OF highways a number of obi c.
lions were presented. as might naturally be ex.
pecied, owing to The diversity OF private interest
Ii would be impossible TO devise system of
highways hat would meet the general require
hents OF an OF the owners OF the rancho, aud at
the same time be beyond the criticism and per.
sonal objection OF the individual holder.
1 am OF The opinion That The underlying incen-
lar as practicable. the roads, lanes. streets and
highways as found 10 lie In actual Use In the
Iancn. Is me proper foundation for their course
ADOPTED, under every inducemcnt OF fact and OF
law, ana hat 10 so lar they have followed this
theory, aud with the additional highways laid
out They have presented a system OF highways Of
The best general benefit 10 the entire property.
Upon. making the hnal alloIments. should Ii be
necessary , or expedlent to lay out further sys-
TEN oil private ways believe the authority or
The referees exercised 10 that behalf will be ap.
proved ana fatlhed by the good judgment OF the
individuals Immediately affected thereby
The report In this respect Is confirmed.
AfPRAIsEMENT OF ENTIRE PROPERTY TO BE
PARTITIoNED AND VALUE AVERAGE ACRE.
From the gross area of The rancho, 17,62S.15
rlr sl,o
area OF the ways, roads ana streets laid out
542O4 aeTes-leaviug difference, and the net
17,2S6 acres
This entire acreage Is fixed In value according
10 SOIL, location and environment aud other Incl
dental elements IN the Judgment OF the referees.
exclusive OF improvements, 10 tho aggregate
amount OF S1,7l2,534 92, making the value OF
an average acre Of the entire property 10 be parti-
toned to be the amount OF 500 OF.
Ihs valuation OF The average acre is subject,
however. 10 whatever notifications are kereiu
inade as 10 Inc appraisements OF individual
tracts.
Subject to such notifications the partial re.
port Is confirmed 10 this respect.
SURVEY AND APPRAIsEMEST OF SPECIFIC
TRACTS MENTIONED IN THE FINDINGS.
10 his subdivision and To subdivision 9 OF
me iepoft are the bulk Of The objections directed.
because IL IL In these particulars that individual
claims and interests are most affected.
me hfst objection as 10 survey Is that OF spe-
cine tract Al, as amended.
From the evidence adduced upon the hearing
ana IN particular from that Of Surveyor AiIardt
respecting what Is known Ia the record al
laIdt survey No. 2" l ind that the fence lines
called Tor In the description are satisfactorily
established and that therefore SAID "Allardt sur
yey No ~ should be accepted as the true sur.
| yey OF that specific tract.
This nndlng may necessarily result In modl-
ncallon of the report as 10 The area aud valua-
| lions OF specific tracts 80, so, 80 and l26,
which changes Will be asccrtaned by the referees
| and embodied In tho order presented pursuant
| TO this opinion.
Another obiectlon Is made as TO the survey OF
| SPECIFIC tracts 5, IL and 40.
These tracts show a conflict IN AREA IappnQ
| over OF aud IL upon 40, according to the
| description In the findings which raulres aa-
tuS