davidaulloa/AmericanStories huggingface dataset:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

: .,'sTbe other difficulty to be- met with rs %
fair division OF the land. :: :; 80: =
; Nov; for. instance. have 500 acres here.
This land is more tilan:tle average: Of the
tract and / Will :bs very well satisfied. II: /
get about 1S0gacres Of. this Kind Of prop
erty Iii. lieu OF e5O7 average acres, to- which
! anr entitled. -. s.. ::
'"Then there ara others who have title to
undivided interests In the tract but: who
have not the possession: II.
:: 'eIiie0dofe nittel. Thomas Horton, James
::Mulford and otIers:come under this cate
! "rh.e three mentioned are:entitled 10 $50
:: i,Of the original owners but few remain,
and fewer still have their Interests Intact
. Henry V,:sAlyaIado till lives in. the. old
adobe. homestead. but ,of, all the prineely
estate owned: By his predecessors a'paltry
twenty acres or so remain. -: i: =
> 1T: fs pity, too. : =: !:
:. faYet the'descendants Of the original: OWL
efs*ef the land frequently disposed of their
heritage for q mere song :: - :: - ::
- q "a drink Of: @h1sky.a cigar and pfenty Of
talk was frequently the. only Consideration
given: for hnntreds of acres 81 land N ow
worth from $500: to $1,000 ain acre: :.s:..;.;:
% What do Intend to- do with my PROB
erty: Well, L will seli:of all but 400 acres,
OH which the old homestead stands. ::
= = intend then to- rayeI:for a year or, two
III E 80.
: q: / am: fancier of rare flowers and birds,
and tha last ofmy fam ffy will die; ithnle.;
!. L have a home. in the: CITY ait 1l}5 Geary
street, where my wife and Il spend the winter
inoIrths.> and my; office lis: at SOB Sansqme
::street."s = -" 3. r = 49,: -:
!: Henry V.Aiyarado, the: Representatives Of
that: once. poted faraily,is not great gatner
by:the PARTITION, =: "
: - memories of:the time when The land
as-far as: tile: eye can reach are revived
:: and cannettend: to induce his Happiness.
=: This obce vast estate has passed from. his
); grasp like the yaNiShing:of a:dreanl. : Ie'
to. see. the stranger fgh ting over
:what-.sas once ahe:sQ le pfopertyof his fore
u athers.: :. -: : r
s The continnance:ot the.great suit served
te<reyfye- the:g l6ries Of the once great. and
wealthy Spanish; names: g.
r. The: fnalacI came with the decision OF
heSdpIeme: Court, and now inthe partition
the: rtain:drops and the :Castr0s, :Meragas
and Alyarados yanishsin=ttie past, r.: &:
j.. The .plebeian stranger IN the, person Of
Smith. Brown. Jones and Robinson; push
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04
WHAT THE. PLEADINes snow.
The Later History OF the Celebrated
Land Contest.

The Later History OF the Celebrated
Land Contest.
The pleadings show that on November 10,
1867, r. r. provinces as attorney for Joseph
Emeric, commenced suit in the District
Court OF the Fifteenth judicial DstrIcl, in
and for the city aud county OF San Fran
cisco, against $50 individuals.
In. the long list of parties defendant ap-
pear many now historic names, notably
that of the Right Rev. Joseph d. Alemany,
the then Catholic Archbishop OF this do
cese; the Castros, Pachecos, ArrellaDos. An
Grades. Espin olas, Galindos, Sanchez and
other prominent Spanish families; Gustave
T0uchard, Moses 0Counor. Father Hugh
Gallagher, Alfred Bore. Alexander Forbes,
John Hamill and John McHugh, all promi-
nent in the early religious, political or CON-
mercial history OF the city.
For cause of action the plaintiff alleged
that in 1923 the existing Government granted
to francisco Mario Castro, as a reward for
services rendered. tract Of land con sistDg
of three square leagues in the territory of
Alta California, then known as Los
Cuchiguues" or "Cachill0nes. but since
designated as the Rancho de San Pablo, In
Contra Costa County. Thereafter. aud
until his death in 1881. Castro and his family
lived upon and cultivated the land so
granted TO them. On his death the head of
the family left will devising one undivided
half of the estate to his widow and the re-
naming half liz equal shares to his ten sur
viving children and the issue of a deceased
daughter. Francisco Castro de Moraga, who
shared equally what would haye been their
mothers portion had she lived.
By the terms of the will Joaquin Ysidro
Castro assumed the duties of executor, and
undertook the administration of his de-
ceased fathers estate. Acting on behalf Of
the heirs he applied to and obtained from
the Mexican Government continuation of
the original grant and an enlargement of
the same, by which the family became en-
titled TO an additional square league, and
each OF the deyisces had prop0rtlonate in
terest In the increase
AT this period the interest of tho heirs
was resolved into twenty seconds, eleven OF
which belonged to the mother. and one to
each child or its representatives. But be-
tween that time and 1850 three of the chill
dren died intestate and without issue,
whereby, under the existing laws, all of
their rights became vested In the mother,
Gabrielle Berryesa de Castro, who, conse-
quently, became possessed of fourteen
twenty-seconds Of the grant. In 1851 the
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

eriy tire. referees had made eareful surveys
of the boundaries of all the specific and
railway tracts. the bonn ddrles.'of all other
|: lots, the meanders of San. Pablo and Wild
Cat creeks, all. houses. fences, garfenss
orchards. and other improvements. aud tie
general typographical features of the coun-
icy, such as hills, valleys, watercourses.
salt marsh and tide lands. :
. rive found the rancho to be cut into about
490 tracts of Irregular shapeand beunced by
t creek 5. marsh lands or the bay:
: =" Ths. referees first caused the ehtire
rancho to be subdiyided into small tracts. of
variable size and shape, ranging as to area
fEem one-twenty- fifth of; an acre 10 $50
acres, having due regard TO the different
grades Of sell. the Improvements and small
Enclosures OF parties iii possession, the
proximity to centefs OF popu atop, railway
stations. deep. ater: navigation on. the bay
. of San Francisco, Watercourses,' springs and
such ether elements as IN the Judgmtnt0f
the referees oughtte be- consideied in ,valt-
. ing lands. In. particular localities. These
arbitrary or conventional: subdivisions: of
tracts were 495 IN: number. yeTed THE en-
tire area of the rancho and Were:used as tile
basis Of valuation by the Referees.
'We visited repeatedly every Fort ion @:of
the rancho and each of us separifl ely set "a
: valuation upon each TRACT as laid out. .
:.'la fixing the ralnation of the land: we
OF course at no time considered the value Of
the improvements: on any portion. Of the
land. : -: =:
Eve found, after setting apart the neces-
sary lands for rQa&s,. ETC. that the aegtc-
gate value of thel7 psf. II adres TO be appor-
tlolted was 81 II ,5S4 %, and also found
the average value ;uer: acre OF the land 10 be:
app9rliohed. TO be 500 o..
::..TB BATHS the netr6sult efonf YEAR s work,
and hard year sl@brk it has :bee1i: 0ut ii.
isn't;a. circumstance fa the: wDtk that lies
before us. :. .:;'s;: - - 80.
.::'''If'op October 3n.ext the. cpurt approves:
of ont :fepof:. the referees VIII begln, the
work Of appOrtioning the. Band aniQng Inc.
tenants who: are declared in Judge Ma
gaifeis: decision TO be entitled to: a. .certGfn
amount of land. 80 = .
sin doing this we vs. iii osen set of BOOKS
just as II We were. doing a meTcahttle busi-
ness.: and 10 :shew you how We w i'll have TO
go.to work let'us take;a snpposititioIis: case.
:''eWe will suppose by. the degree Of the
court that JOHN Smith is allowed $4,000
W at once cEedii JOHN Smith ;witii. that
amount" on pur. books, We then take the
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04
!. BATTLES I'm THE AIR.
Desperate Encounters Between Fsath
cred Comb atlantis. -:
LAwistnn ExenInrr Ior-..1.

Desperate Encounters Between Fs,tb.
cred Combatants -;
Lewiston Evening Journal
IL Is tbe'eustom nowadays to speak Of the
English sparrow as If he were the only
qnarrelsome member of the flock. while
all the rest of the; feathered songsters
dwelt in peace and harmony. But there is
many deadly battle waged in the
Tree tops in which no immigrant
from over the sea has bill. The bluebirds
and the swallows have been carrying on a
long warfare over martin house, and the
outcry MP there. followed by the expulsion,
Oh one Dird with two OF three of his enemies
III ciose pursuit, Is nothing unusual
lew weeks ago, when the Japanese
ounces were in blossom. there were. always
TWO or more humming- birds lowering over
each bush. On one of the bright feeding
grounds the daily visitors were but three.
pair OF birds and one lone songster. That
poor winged widOwer or bachelor farad
hardly at the hands Of his two fellow
laborers. The pair divided their time abont
equally between gathering insects and.
chasing off what they were pleased to con-
slider the intruder on their preserves
Hardly bite could he get for Their; attain.
uons. But he was persevering.. He'd Nv
Oh 10 nelghboring pear tree, and as.sonn
as ms pursuer's backs were turned liks .
nash OF light he was back again. irving IN
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

Nichols tract westerly to the Potrero, 40
feetWide.
"A road along the easteriy: lire Of the
right OF way Of the. Northern Railway. and
follows an old-tIavSled ROAD. which is not
fenced on its easleriy side, width 10 feet :;
"A road following the present travelled
road TO the south westerly line Of land occg-'
pied by II. F. Emeric. and then through said
.Emeric's land.
"A road from ihs Ellis Landing road
northerly, on;the south bank OF San Pabfe;
Creek, and follows an old travelled road
which has width, where fenced, of about
- feet. The referees have given it a width
Of 10 feet throughout.
"a road to follow the present road
known as Church lane from AlvaTado
street TO the soUtheriy end Of said lane. at
the southerlY corner OF land occupied by
the Catholic church, thence to the school,
house near San Pablo station, ana thence
along the schoohouse road to the station;
width 60 feet,
"A road extending from Alvarao street
westerly along or near the present Travelled
road on the south side of San Pablo Greek,
TO the westerly cad CT said Travelled road;
width 40 feet.
"a road running from the exterior boun-
Diary of the San Pablo rancho on the Zeller
tract southwesterly to the south bank Of
San Pablo Greek; width 40 feet.
a road following the present travelled
road known as the Sheldon and Pinole road.
between lands occupied by Maraschi and,
Zeller; 30 feet wide.
"a road to follow the present travelled
road from +. Webber's place. on the north
bank of San Pablo Creek. westerly to lands
occupied by Fish d Blum; 40 feet wide
throughout.
"a road northerly across San Pablo
Creek to follow the present Travelled road
noItherly to the works of the Safety Nitro
Powder Company; 40 feet wide throughout
"a new road running along the easterly
line OF the right OF way OF the. Northern
Railway to the northern boundary of the
San Pablo ranch.i
"a new road running southeasterIy
through lands occupied by Franeeway,
Jones. Cahill, johnson and Hayey to the
northern boundary of Sau Pablo ranch.
"a road running easteriy through lands
occupied by Klose. Leonard. Blume. Fitz-
gerald and Maraschi, and following the
general direction Of the present travelled
road width. forty feet throughout:
"a road to follow travelled road along
the north boundary of land occupied by
Maria l.. Shimmins, and westerly across the
Northern Railway TO the salt marsh, forty
feet wide.
"a road following the general direction
Of a travelled road along or near the border
of the salt marsh on the n0rtheasterly side
of the PotIero and extending to San Pablo
Bays TIE present road is merely wagon
track. The referees have given ii a uniform
width Of forty feet.
"a road following the general direction of
a traye led road, running sontheasterly
along and near the border of the salt marsh
on the n0TlheasteTly side of the Potrero !;
thence crossing the Potrero through low
pass TO the southwesterlv side of the
Potrero 10 an old brickyard and end Of
present travelled road; thence northwest
erly along or near the shore OF San Fran
cisco Bay On the most practicable route to
Violate Point.
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

eet: MS bill.fnt a flower before one of his
rivals saw him: But it: was two against one
ana ne must have gone often hAngry to bed
ot else hunted up his supper Ell sewhere::.
:oolletlmes tne results Of the battles are
more. tragic. The home OF a pair Of cnck0oSn
who had PLANNED to spend a :: fonr and
happy summer in the suburbs of I,eWist0r, ::
mas been br0ken up, and only oAe now.
remains, and that enc too sad:to sing: It's:
mate was found one morning LIVING nnder :.
a. rosebush with a fatal wound lin 7its
side, made by q kngbfd'ss sharp hin.
line wounded songster. was pieke1 nm and
tencerly cared for. but he was past !.
gu: remedies. his enemy. however, did not :.
long survive him.. :. A. week or, two later
SOME. looker:on saw duel between a war.
rlort that looked like that same Einpi,ird and .
i. a:iuckY Yeupg robin. who fought as If IA;
meant to get'reyenge for the puinpFojis in
|: dlgnities MS race had suffered at the bands
of the wholeetrihs of .tyTanlilis :intfepi9i,s..
And victory perehed upon his banners::a AZ
the end eta hard=f9ught battle Che kfIiphird :.
lay dead ON The ground, while: The; qbjn: re-.
tired to the. branches OF IA ;ftee: W here ne
spent the rest of. the forenotn resting from <
his h lard fabGfs: q: - 8 i: =.
: MOI do tllese:liatle warriarS con flfestl{4ir+%
va or: To- coin bats with their pw= kitld: hi:
ain eIf@er geiicy they VIII ttark even a more
! formidable enemy: y Let amy eone- w flo::
doubts: this Il; Try <@:t0 take: a sizes ts
undeT@' "A =: trse s. eGptain ing: a. 5 nast d /
WiiIEsceld@ and oceasiOnallY *sN Cop *li0 M
In this :. f0yloTA b pc: ;.of fri te1ldg 20 n
tie :unwelc0lle visitor: THEY :: have: beam
known:te attack cats. and pht=thfs drend1st
foe Of hers To-: Eight. TOO, though ::pel: (
Haps: they are fp Il: q. ii pit q Vn Fly 81
eEetDy as:afe The swallows. Fl heyg rLter et !:
this<tlle othelsday was nIDyed . to go to III e
rescue: Of: tile family cat: which. stsfted*U p
frein 8 ma Up ON the doorstep 70 s1iarI and spit
at some I'M seen enemy: It first snpp1ssd4
To-: be: a.. dog: Ply changed :fos.hIaime@
.as Il: the j. feline: paw. NJ as raj Sc d. .ztd
strike at what was; them, disc ayaTed. TO-:
/: be a bird: But a. second THefe: provnd that
the cat was not I'd blame That lime 1T was
and that SD owed 80; signs of g ~ Ia up THE
advantage IT, adj "a iiaed In find ling IT'S enc
my nappin e, n1til.t he openf1g O. e "a door TO:
let the catin frightened the. win ged w arrT0 T..
away: =: ~:
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

the necessity arise, by the. laying out OF pri. .
vate ways, if, ia the judgment ofthe court
The referees would not exceed their power
and authority in so doing :.
1.-THE surveys OF the streets, roads, ETC.. =
continued General Sheehan, "resalted in
Ing. a t6taT length of 1923 miles. comprising
an area of 342. O. acres. The roads are as
follows:
'From the south boundary of the rancho
to Wildc9tC ree6. a travelled highway known
as San Pablo road. AS laid cut tits practl-
cally the same as now Travelled. but mas
been .ideued iu pIaces.to make it.uI uni
form width. !. -.
ga regularly travelled road known as AL
yarado street, passing through the town OF
San Pablo. AS heretofore used It's sc feet
wide for portion of its distance aud 40
feet for the remainder. The refarees have
Hideped the narrower PARTON. so as 60
make Inif0rm width Of 90 feet
"a regularly travelled ROAD from northern
terminus OF Read NJ e TO n0rtbern bound
afy of rancho wtdened:to a uniform width
eff So feet =;
LA roadto follow the course Ola travelled
road. called: the 'BrisSac:road,' 10 the loot
hills widened. to a unjform width of 10
!. "a road to follow the. Zine of a travelled
road way; from the: San y ablo road 10: the
northeastern bOuHdtryQt: the rancho and
snlhHiti0t the: -hlIts Mldeneu 10 a. unHoIin
wldih;0f 40:feet. ~: =; =.
: "a road beginning at fire Intersection or
a:laEe on the snutheasterfy boundary Of the
AntOnie:Caslre Tract to :G0nneca. with the
road irOni the San Pablo Fuad to- tile ortiz
eastern boundary of the faDeho.>* =: -
q IA travelled road. fEoni A4varadG: street
nsoHheasteriy and along south bank-of. San
Pablo Greek. to the'eastetN boundary :of the
rancho &udWn". as SAM: Pablo Valley road,
Widrned 10 So feet =.
. ~ Travelled. roadway IA heut forty feet
wide. frgah san Pablo: rQad toward Point
Isabel i 3: !: =: !
"a. read from San Pablo road by way of
the Little .CeETito. to the P0tTeTo*.:.:::
a read IN soutAweStRrly diEettlOu from
the aboye; road to. Siege station, on the
-N0rihefn: Railway $([0ltnwirg; in. part: the
snresent. tfaseled r0adJ; :thence lin a.direct
line TO San Francisco Bay. =: :....' -.
:: "a. road TO follow -fhe John Davis road
so-eaTEed. and continues In the sans iirec-
tf0p; widened to 40 feet. -.
"a: road te follow All d-trayeled road
rAnning from the westerly. line Of Johh
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

found Ito contain n 1893 so acres, which sur
vey was: approved. confirmed and maae
final on August II, 1864.
:; Mean while: two OF the children Of Fran.
cisra Castro de: Meraga, asceased. died
interstate and. without issue, leaving sew
eEal brothers and sisters as their only heirs
at-law.;.: Two of these subsequently seid
their right, title and interest totheir proper
tiGn of their nrethar's .0ne-twenty-secopd
part In the estate the purchasers being
Joseph Emerie and Preston Warfeld.
"A bout three years subsequent to the con-
.irmaii0n OF the title blythe United States
Commissioners IL was suggested. that the
.lsgalfofce and effect of :the decree vested
:. this legal title OF thew hole tract in Joaquin
'YsldT6 Castro alone. He therefore on April
4, 1857, executed and delivered deed. Of
Conveyance recitfng the facts hitherto set
held and: still held Only one undivided
twenty-second part absolutely for his own:
use and benefit and the remainder thereof
in trust for his six SURVIVING brothers and
sisters and the issue of lis. deceased sister,
Francisco Castro de Moraga, ther heirs.
and assigns, lin the. following proportions 3
Martina Castro: de Alyarado. fifteen
twentVlsecond paris; Antonio, :. juan.
Gabriel: Victor and Jesus Maria Cas-.
tro, each: one . tWeDfy-secend. part: TO
Louisa and Maria Brlones. and Joseph
EIieric;thes undivided onA. fifth OF : the ~un-'
divided ene4twenty second part; and to
FRANCHISES Martinez. de- Soto aud MERGED
Martfnezde Welch the. undi vided 0He-tehth
of the unllixided twentyesecgnd part Of. the
estate, alt of which was thus sapporti0hed.
except : the: bne2ffth of the. one-twenty-
second purchased by Preston Warfield.. !. -: +
=: The deed EXPRESSLY dfeiaredsthatits true
Intent md purpose was that the: Legal title
thereby convey ed: should enufer to the benz
eft OF slieh persons.as the; same would have
been vested: In had the: Legal title stood in
the seven surviving: Children: :of Francisce
Maria Castro prior 10 the conveyance BY.
them or either o f !them OF their Interest in
=: the said estate.;::: -. r.: :: =;
1T expressly excluded from all particfpa-
ton In the benefits TO be iderived under the
+: instrument all persons claiming or pretend-
ing to derive title under "a deed executed on
the 18th day of JULY. 1856. by Martha Castro
de Atvaradosnd e'said j nan Ii: Alyarado,
her husband: -; :: IL. .::::
-: A ftef = a declaration :!of the plaintiffs
. ownership oil: 2507. Os acres in the rancho and
J: of his elfain of title theeomplaInt admits
similar ownership by several Of the defend
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

4
Allegations In the. complaint, EVENT to DENY
T ling the original grant to, Francisco Maria
+ Castro, attacking: the validity of the Will
and alEof the acts OF the executor there
:nndeE:. " = =: :s:: =
i i: a: number OF the defendants claimed chat
I thong Castro had petitionef the Mexican
f government for the grant, he. died before
he had obtained title. to ,:the tract, and con-
seateRtly had no, estate. t0;devlss upon has
|: death; that9he said Castro did: mot execute
| in due :form:~of law any last Will or; testa-;
mefit and tbat any paper purpoftng TO be,
such was not signed nor witnessed In the.
manner prescribed, and therefnre::.is IN :
| valid, that even IL any snch Will were made;
the testator could only leave his y lle ana
/" children a life estate fn the fapns mo :ceq5q
he be1aeatl agreater interest tnan one-n In
Of his: estate to 2tiie widows that bg me
terms Of the;said Will tho widow was given.
One-Ialf Of all thepersonal property con-
ssting almo st ent irely OF horses ana cat
I tie, and that The said Horses and :cattle were
of much greater allie than the:ranche and.
|; all the other property eombnedi that the
! said one hall :of THE cattle and horses were
of greater value than one III 81 the :es late,
and that, AS. the said accepted and DIS.
|: posed Of? thes ams Ter her OWN benefit: eoll-
| seauently the power Of the. tesfator 20:
!: grant, and of. the widow to.reeei1e by the.
Will Of her husband, was exhattsted. = :.
~ Then the application. of the executor for
acDrfirnfat i0n of tlfe grant TO his father WINS
denied, and 4 " as aclaimed1nsteaqt that jog
T. GUN Ysidro Castro did ohta in "a rant Of tile.
sau5eIands, and that: the title thus stqutred
! Injured to the beneft of the legal heirs and
NOT to the deVfsees. of the said francisco.
Maria Castro. +. -. j:.a ':iesis -. 81 .
After: eonsideratte hairs rlitting Of the.
|: Kind recited, the indsvfdnal defendants as
! serted proprietary rights derived :by pllr-
chase. 9rnd sphted nossessi0n Tor long te rfls
E.of years., agree nlaBfs, leases, lie ms ant In
!. cnfirbfiiices Ui every sort. .:.s'';.:. -:
/ 5 yTne issnes were arst: deterlnined on July
| 10. 1875 By The filingsof the findings az fact
by the trial eaifrt sustaining the e0ntep ton 3
Of The: piafpttff, and again hg.ttfe fling on
:cencfnsi ohs.of law. TWO dayslatef The in,
| terfoertofy decree ordering. adjal ging and
! decreeihg that the tract be ;sQb diyfded sub.
| stahtiaily as. .ptaxetf for fn*the colnplasnt
was signed BY James @. Mcguire and placed
on record It::was:: provided in The decree.
|, that the premises should be partitiened by
|" three referees, wl0were directed to report
IN, liant
The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1892-09-04

mother conveyed her entire interest to her
favorite daughter. Martina Castro de AL
varado, the wife Of Juan b. Alvarado, who
thus became the owner Of fifteen twenty
seconds OF the property.
In consequence of the cession of the
country by Mexico TO the United States, 1t
became necessary at this time for the Cas-
tros to have their grant confirmed by the
new government Accordingly, JOAQUIN
Ysidro Castro, in October, 1852, for himself
and other heirs of his deceased father. ap-
piled TO the Board Of United States Land
Commissioners appointed for the purpose
OF settling private land claims in Califor-
MIA for confirmation Of the tract to the
parties entitled thereto under the pro-
visions of Francisco Maria Castro's will.
In pursuance of the application the
proper proceedings were had by the Com
missioners and subsequently,, on appeal to
the United States District Court for the
northern district of California, the tract
was confirmed as whole to the extent of
little over four square leagues. This. upon
final survey made by James T. Stratton,
on the order Of the court and the direction
OF the United States Surveyor-General, was