The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

rage and beQuests 1t fell largely into the
possession Of the noted. .ATyara do family. =:
1t is ghen1hese:t two families became joint
owners of this huge estate that: 6seph
Emeric appears upon the scene. together
with Saniue and Washlngton. Tams,: This
I was in 1852 :; =: +: :: :
These three men. who: were partners in
the commission business: in :ihis:'city pur-
chased FROM: the AlYaEad0 family. 49, acres
of an undivided interest ~: : r? -; :.
1t was: not LoRg before the fans interest
was foFeCl oSed Upon by EmerI -. Then fol-.
jows series of small Accommodations made
by the latter TILL fatein stxttes,>w hen the
AIvaradOs grantej to Emeric j ago acres on.
condition. that he-w outd contest the*title:Of
the Castros which Swallowed the rights of
The. entire es tate. ~: =.
II must be'siated that :Eaeric had derived.
little from the Castr0s to about 1000, acres
| and from THE Alyarad0s: to 250T acres.: The
fact of his deriving title. from both Of:the
rival clalmahts left him In acendition:0f:
| security. 80. - = :: =.
Wits, the object In view of clearing away
the clouds which beset the -titles he entered
.suitn the then Fifteenth District Court. Of.
| San Francisco.
+. The suit was entitled. Emeric VS.. Ava
| rado, but it:wa virtually Alyarado agains t.
Castro s9far as the results. TO be attained
went =" -. -. =
The defendants. who claimed by purchase
| and Will from the original owners, numbered
| all told over: SEQ Individuals. =.
! The suit. was a lengthy and complex.
| one, and dragged its weary length over thir-
/ ty-tkree years, In which death; and trans:
| fers only served to render it: mere intricate.
| In October, 1891, the suit was finally adju-
| dicatea by the Supreme C0urt:of this Stale.
During the course of the action over 1000
| legal briefs and transcripts were filed. num-
| bering on an average 1000 pages each, and
nearly S10Q0,000 was expended by the con-
tending parties in court and attorneys fees
After all this litigation Emeric lost and Al
| yarado WOE, Yet, strange as it may ap-
! pear. the loser in this litigation was the
| gamer. and his title as derived fTem the
| Alvarados was forever set at: rest, and his
| possessions were secured.
After the Supreme Court had brought the
| matter to climax there remained yet
| huge task to bic performed. and that was
| the partition OF the rancho.
| Three hundred people bold undivided in
terests in the estate, and the property has
/ to be divided between them all according to
their interests.
these interests may be shown the will made
/ by one of the Castro heirs.
| The deceased owned sixteenth part of
the rancho and to one of the heirs the will
devised thetwenty-secOnd. part of that in.
| tereSt.
The owner Of the twenty-second part Of
| the sixteenth part died, and left to one of
| his heirs fisth, part OF his sixteenth interest
| in the twenty-second part OF the rancho and
so IL went.
| Some derived title in like manner and in
| such fractional amounts by purchase or
! by foreclosure OF mortgage.
| Then a number held by possession, and
| others by adverse tiile so that the entire
| rancho was mass OF fractional titular
| rights which to sltt down to ANYTHING like
rational explanation would drive the bright
| est mathematician in the. country into a
| unatc asylum before he had half ventured
! 10 fathom the abyss OF figures and fractions
Henry f. En- eric. the only heir and now
sole owner of Joseph Emeric's interests,
| has his home at San Pablo.
| Here he maintains type of the earlier
| civilization of the State known as the
| hacienda.
Emeric has his retainers who answer to
| his every call, and his ranchhouse is ever
| open to friend or stranger. All are welcome
| TO his hospitality, which is bountlful and
| freely given.
The old ranchhouse and outbnildings
| erected by the older Emeric in the pioneer
days still remain and are occupied.
| The gnsrled trunks of grapeyines and
| cherry trees with the growth of eaks attest
| TO the antiquity Of the place.
! Henry +. Emeric, the sole owner OF his
| deceased fathers interests, is fit repre-
sentative of the type that held forth in Cal
iforna in the earlier days. He is careless,
| free hearted, unmindiuI of details and car
4
| He was born in New York in lS49, and at
| years of age struck out for himself
He does not appear to be elated by the
| fact that he is in possession OF an inherit
ance valued at million dollars and prob
| ably more.
When visited at his home yesterday he
was Willing away his time looking after a
lot OF pheasants.
"Well, now, just come in and we will
have smoke and something to drink and
sl.x.x 49, Il.
long tale. all about this property. and can
tell you that ii Is weary one to relate I'M
| less we feel comfortable"
| This was the greeting accorded repre-
| sentative OF THE CALL yes terday at the
| Emeric homestead.
| Emeric himself appears much Younger
| than his actual years.
After dispensing Inequalities and setting
| himself down to enjoy good smoke, Emeric
| was ready for the interview.
ut Is n long story" he said, musingly.
1T required 1000 volumes of nearly 1000
pages each TO give the courts an opportunity
| to judge OF its merits or dement's.
1T was seemingly never-ending, and the
case was probably unparalleled In the legal
history OF California.
Hundreds OF lawyers had their whack at
II. and dozen OF judges died before it
reached a stage where it could be fatbomed.
I'm the end The judgment was against me.
but here again this strange case exhibits its
popularity, for | am the winner by losing.
ut reminds me of the time when the final
decision came.
81 was in New York stopping with some
relatives / have there.
II requested my wife to read any letters
that were addressed to me.
Zone day telegram came.
ut read Alyarado has won. Emerc
lost"
'My, how that did worry my wife to con.
vey the sad news to those OF my relatives.
They looked blue when came in, and
could not imagine what the trouble was.
After questioning them L was haBued
the telegram.
''As soon as / had read it / threw my hat
In the air and gave other demonstrations OF
jubiiation.
They thought had gone crazy over nv
misfortune, but when.I explained to them
how, by Alvarado's winning, the case. nv
title to 25O7 acres was finally settled. thew
at once frightened up.
cision.
Il have only 500 acres In possession, and
have therefore the right to the rents
and profits arising from 1000 acres that have
Deen neld and rented out by the other ten
ants In common for the past thirty-three
years. which will run up into hundreds of
thousands of dollars.
Those who live and own homesteads In
what Is known as San PABLO and called the
Specific Tract Homestead are not affected
by the partition.
They will not be disturbed.
-. Mrs. Tewksbury, the widow of ]. NJ.
Tewksbury, has held possession of 6OOO acres
while she Is only entitled to 1900 acres.
lhere are numerous others who are now
IN possession OF from fifty to two hundred
acres VINO VIII be compelled to rstrench
their operations when title is given to them
tor only tenth part o. that amount IF Iand