The herald., 1894-12-22
Notice Of Sale by Referees in Parti-
tiOn.

TN THE SUPERIOR COURT OF THE COUN-
ortl SeSe 1l and Marc
$. Hellman, executors of the last will of Isaiah
M Hellman, deceased, and Emma Hellman
Hellman and Leah Hellman, by her guardian
az iltem Max Meyberg, plaintiffs, vs. !. w.
Hellman, J. Downey Harvey us administra-
tor of the estate OF John c. Downey, deceased
substituted as a defendant herein for John G..
Downey, deceased; Emeline Childs, o. w.
Childs jr., Emma 5. Childs, Carrie NJ. Hicks
and Frank s Hicks, husband OF the said Car
rie N. Hicks, Ruth L. Childs, stephen v.
Childs. Hortense c. Childs. Leah Dreyfus
Emile Dreyfus, Walter Dreyfus, Henry Drey-
fus, the Cueamongo company, the Cucamong9
Water company, the Cucamonga Fruit Land
company, II. w. Lawrence k. Garvey, George
Hansen, Eenry S. Keller, c. Ducommun, the
Farmers and Merchants Bank of Los Angeles,
corporation, W. +. Henning, one OF the de-
PENDANTS sued herein as an unknown owner,
who has appeared in said action. and all per-
sons unknown vho have or claim any intert st
in the property herein described, defendants.
Notice is hereby given that, under and by
virtue OF an interlocutory decree in partition
of the superior court OF .he county OF san Ber-
nardino, ate OF California, duly made en-
tered ana given on the Sth day OF December,
A. d. 1s84, in the above entitled action, where
by we were commanded to sell the property
hereinafter described, we will receive bids,
in writing, OF the office of E. 7. Wright, No.
2i7 Frauklin street, in the city of
Los Ange es, county OF Los Angeles.
26th day of January, 1898, for all of that GER
tain real property situate in the county OF san
Bernardino, state of California. and particu-
larry described as follows, to wit:
First-ThaJ Ger ain tract of land commenc-
ing at point on the San Bernardino base line,
distant $3.50 chains west Of the intersection OF
the said base line with the eastern boundary OF
the Rancho Cucamonga said point being west
17.5 chains from point commonly known
and referred to as the quarter-section corner
on the north boundary OF section 3, townshi p
! south, range west, S. b. NJ; and running
thence south 66 chains; thence west 1880
chains; thence north 66 chains to the said
san Bernardno base line; and thence east
along the sad base line 10 chains and SO
links to the place of beginning and contain
ing 524.7 acres OF land
Second-That certain other tract of land,
commencing at a point on the line dividing
sections and 5, township l south, range z
west, ;. b. NJ, distant % chains east from the
northwest corner OF said section =; and run
ming thence north Ia chains; thence east 10
chains 10 liuks, along the south boundary OF
the said 524.7 acre .ract last above described,
to the southeast corner thereof; thence south
2 chains; thence west along the line OF the
Cucamonga sNineyard tract 62 chains, 80
links: thence south along the western line of
said Cucamonga Vineyard tract y chains;
thence west II chains to the pls &c of begin
ming, and containing 35.3 acres OF land.
Third-rhat certain other tract OF land
commencing at point in the San Bernardino
base line, distant 200 chains west from its in
tersection with the eastern boundary of the
Rancho Cucamonga, the said point being com
monty knosn and referred to as the northwest
west, s. b. NJ, and running thence south 80
chains; thence east 3 chains; thence north 80
chains to the said base line; and thence along
the same west chains to the place OF begin
ming, and ntaining 10 acres OF land.
The said three tracts of land being the same
tracts marked on the map, a copy OF which is
annexed to the complaint in this action,
marked Exhibit A." as 1924 acres" ''36.
acres, and ''j5.00 acres "
Subject, however, as the properties firstly
and secondly above described, to the rights OF
the owners OF the Cucamonga Vineyard tract,
described in the complaint in this action, to
the u of q OF all Of the waters now flowing
from the springs thereon in CucAmonga creek
or from the tunnels which have been run on
said tract OF land, as aopurtenant to the said
Cucamonga Vineyard tract; and also subject
to the rights of the Cucamonga Fruit Land
company to the use of one-half OF all the
waters now flowing from said springs IN Cue
amonga creek, or from the tunnels which have
been run on said tracts of land-the Total
amount Of water flowing from said sources on
the Sth day of December, 1894. according to
the terms of said interlocutory decree in part
ition, being 524 inches measured under a
four-inch pressure, each inch being equivalen
TO flow Of one-fiftieth OF cubic foot OF water
per secondhand subject further, to the pro-
visions of the interlocutory decree in tins
action, entered, as aforesaid, on the 9Th day OF
December, 1894, wherein it is provided that in
case the owners of the fee TO said two tracts Of
land, firstly and secondly, hereinbefore de-
scrbed, to wit: Said 524.7 and said 36.3 acre
tracts, should, in the future, see fit to make
further developments of water, and such dew
elopments should decrease the flow OF said
springs, the Cucamonga creek, or the sald
tunnels now on said land, then, out of such
developments s, made by the owners of the
lee to said land,Sthe amount OF water decreed
by said interlocutory decree as being appur-
tenant to said Vineyard tract, to-wit "a OF 524
inches tmeasured as aforesaid and the amount
OF waterd ecreed to the Cucamonga Fruit Land
company, to-wit u OF 524 inches, measured
as aforesaid, is to be made good to said parties,
their successors or assigns, out OF such future
developments.
oF ,o1a of Il
tracts of land is to be bid for separately; G
per cent of purchase money to be paid upon
acceptance of bid, and balance thereof upon
confirmation OF sale by the above-enttled
court; purchase money to be paid in United
States gold coin.
Dated Los Angeles. December 14th, 1894.
A.. PETSCH,
Z. 7. WRIGHT,
JOHN i. GAFFEY,