The herald., 1894-12-15
Notice OF Sale by Referees in Parti-
tiOn.

TN THE SUPERIOR COURT OF THE coUN-
i " OF san Bernardn state OF California
Max Meyberg Moritz, Meyberg and Maurice
s. Hellman, executors OF the last will OF Isaiah
NJ. Hellman, deceased and Emma Hellman
,Mcyberg, Bertha Hellman Meyberg, Camille
Hellman and Leah uelman, by her guardian
ad litcm Max Meyberg, plaintiffs, vs. l. W.
Hellman, j. Downey Harvey as administers
tor OF the estate OF John C. Downcy, deceased,
Downey, deceased; Emcline Childs, o. W.
Childs jr., Emma 5. Childs, Carrie NJ. Hicks
and Frank Hicks, husband Of the said Car
rie NJ. Hicks, Ruth f. Childs stephen V.
Childs Hortense O. Childs. Leah Dreyfus
Emile Rreyfus, Walter Dreyfus, Henry Drey-
ius, the Cucamongo company, the Cucamonga
Water company, the Cucamonga Fruit Land
company, IL. W. Lawrence, X. Garvey. George
Hansen, henry 3 Keller, q. DuconInuH, the
Farmers and Merchants Bank of Los Angeles
u corporation, w. L. Hcnning, one of the de-
PENDANTS sued herein as an Unknown owner
who has appeared in said action. and all per
sons unkn swn ho have or claim any intcr,s st
In the property herein described, defendants
Notice is HEREBY given th't, 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 IL
tered ana given on the Sth day. of December
A. d. 1894, in the above entitled action where
by we were commanded to sell the property
hereinafter described, we Will receive bids
in writing, at the office OF L. I. Wright, No.
M Ios snse es so"ny d 9 Ss tSs Saggess Sg
state of California, before the
26th day of January, 1898. for all of that GER
Bernardino, state of California. and particu-
larry described as follows. to wit:
First-That cerIain tract OF land, commenc-
ing at a point on the san Bernardino base line,
distant 97. 80 chains west OF the Intersection OF
the said base line with the eastern boundary OF
the Rancho Cucamonga, said point being west
NJ chains from point commonly known
and referred to as the quarter section corner
on the north boundary OF sections. township
thence % soath sase 81, % chains theme. West 79 IS
chains; thence north GH chains to the said
san Bernardino base line; and thence east
along the sad base line 40 chains and 30
links to the place of beginning, and contain.
ing 324.7 acres of land
second That certain other tract OF land,
commencing at point on the lin. dividing
sections and 5, township l south, range
west, 5. b. NJ, distant 23 chains east from the
northwest corner OF said section b; and run
ming thence north Ia chains; thence east 70
chains. so LINKS, along the south boundary OF
the said 524.7 acre tract last above described,
to the southeast corner thereof; thence south
2 chains; thence west along the line OF the
Cucamonga Vineyard tract 02 chains. 90
links; thence south along the western line OF
said Cucamonga Vineyard tract II chains;
thence west II chains to the Lee OF Begin
ming, and containing 35.3 acres OF land
Third-rhat certain other tract OF land
commencing at a 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 kno wn and referred to as the northwest
corner of section !, township south, range
west, :. B. NJ, and running thence south ~
IS
chains to the said base line; and thence along
the same west chains to the place of begin
ming. and antaining l5 acres OF land.
The said three tracts of land being the same
tracts marked on the map, copy of which is
annexed to the complaint in this ,se action,
acres" and "l5. 90 acres"
Subject. however, as to the properties firstly
and secondly above described, to the rights OF
the owners of the Cucamonga Vineyard tract,
described in the comp aint in this action, to
the use of "a of all OF the waters now flowing
from the springs thereon in Cucamonga creek.
or from the tunnels which have been run
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, lo94. according to
the terms of said interlocutory decree in part
ition, being 52t inches, measured under
four-inch pressure, each inch being equivalen
to a flow of one-tiftieth of a cubic foot OF water
per secondhand subject further, to the pro-
visions of the interlocutory decree in this
action, entered as aforesaid. on the sth day of
December, 1894, wherein it is provided that in
case the owners of the fee 10 said two tracts uf
land, firstly aud secondly, herenbefore de-
scribed, to.wit.: Said 524.7 and said 1868 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 said
tunnels now on said laud, then, out OF such
developments 81 made by the owners OF the
lee to said land the amount of water decreed
by said interlocutory decree as being appur-
tenant to said Vineyard tract, to-wit: x OF 52l
inches, measured as aforesaid, and the amount
OF water decreed to the Cucamonga Fruit Land
company, to-wit a of 524 inches, measured
as aforesaid, is to be made good to said parties,
their successors or assigns, out of such future
developments
Terms and conditions of sale-Each of said
tracts of land is to be bid for separately; 10
per cent of purchase money to be paid upon
acceptance OF bid, and balance thereof upon
confirmation OF sale by the above-entitled
court; purchase money TO be paid in United
States gold coin.
Dated Los Angeles. December 14th, 1894
A. PETSCH
4. T. WRIGHT
JOHN L, GAFFEY