The San Francisco call., 1895-10-10

which he had refused hitherto and still re-
fuses TO account.
As partial relief in this action Judge
Sanderson ordered that partition be made
of certain tracts of land belonging to the
partnership of Miller 81 Lux, and which
are situated in hak dozen or more coun-
ties in this State. To accomplish this par
tition the court appointed three commits
sioners, who were John T. Porter of Wat
sonville, J. G. Franks, formerly United
States Marshal, and II. Mayo Newhall of
this City.
These commissioners commenced the
performance of their duties early last
year, and about July of this year they filed
an elaborate report accompanied by very
extensive maps, twenty or thirty in num-
ber, showing both by description and de-
lineation upon the maps the result of their
labors in partition.
OF course, where lands of such variety in
location and value and OF such vast extent
as some of the tracts involved were to be
divided, an absolutely accurate division in
kind could not we'll be made. 1t was
therefore part of the order of the court that
after the commissioners had finished their
laoors and presented their report the par
ties should meet at time and place to be
by themselves selected. in order to equaliZe
by their own acts as far as might be what
ever inequalities might exist in the work
of the commissioners.
The scheme of equalization was this :, As
each separate tract of land subdivided was
called by the referee the parties were at
liberty to bid against each other for the
privilege of choosing which of the two
halves made by the partition they would
take. The parties met accordingly at the
office of Miller & Lux, California street,
yesterday. There were present Thomas B.
Bishop of the firm of CARRIER, Boalt &
Bishop, representing the plaintiffs in the
action; d. NJ. Delmas and James ii. Cam D.
bell, representing the brothers, sisters and
nephews of Charles Lux, who in the pro-
ceedings have been generally called the
German heirs and who take one-half OF
the estate under the will. Eugene CARRIER
represented the defendant, Henry Miller.
Besides these counsel Henry Miller and
Henry Lux, a brother OF the deceased,
Jesse s. Potter, whose powers as the last
surviving executor of the will of Charles
Lux have been lately suspended by the
Superior Court of San Mateo County on an
allegation of his unfitness to discharge the
duties of that office, and number Of
clerks and stenographers
AT 10 o'clock the bidding commenced,
and it was carried on until 8 in the after
noon. The diversity in the bids showed
the great divergence of opinion that may
obtain in matters of this character, as the
amounts paid for choice ranged from $50
to over 100000.
About forty-three different tracts were
disposed of IN this way. They were mainly
located in San Francisco, Santa Clara,
Monterey, Fresno, MADEIRA and Alameda
counties. The total value of the tracts
treated yesterday was about 81, 100000.
curious feature in yesterdays proceed
lngs was the small advance in bidding
made on each occasion by the defendants S
side. Each time bid was made the
Miller contingent raised it by as small a
sum as IS or $40, indicating desire to
shave things pretty closely. Upon seeing
this Mr.. Delmas put forward proposition
that the parties agree not to bid below a
$50 raise; but this proposition was re-
iected by Eugene CARRIER. representing
Henry Miller, the defendant.