The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-05
Notice of Sale by Referees in Parti-
tiOn.


IN THE SUPERIOR COURT OF THE coUN-
i ty OF San Bernardine. state of California.
Max Meyberg Moritz Meyberg and Maurice
5. lehman, executors of the last viii of Isaiah
M. Hellman, deceased, and Emma Hellman
Meyberg, Bertha Hellman Meyberg, Camille
Hellman and Leah Holman, by her guardian
ad litem Max Meyberg, plaintiffs, VS.. |, W.
tor of the estate OF John G .Downey, deceased.
substituted as defendant herein for John q.
Downey deceased; Emeline Childs, O. W.
Childs, jr., Emma S. Childs, Carrie NJ Hicks
and Frank S. Hicks. husband OF the said Car
re NJ Hicks, Ruth E., Childs, Stephen. v.
Eme G nnd Leah preyras
ius, the Cucamongo company. the Cucamonga
Water company, the CucamoEga Fruit Land
company, ii. W. Lawrence, Il. Garyey, George
Hansen, Eenry S. Keller, c. Ducommun, the
Farmers and Merchants Bank of Los Angeles,
corporation, w. +. Henning, one of the de.
fendants sued herein as an unknown owner.
who has appeared in said action. and all per-
sons unknown who have claim any interest
IN the property herein described, defendants,
Notice is hereby given tn H. under and by
virtue OF an in terlocutory decree in partition
OF the superior court OF The county of San Ber-
nardino state OF California, duly made, en-
tered ana given on the sth day of December,
a. ID. 1894, in the above entitled action,where-
by we were commanded to sell the property
IN wrns bs dss % wi WSaS o No
Los Anse es, county Of Los s Angeles ss
Goth day OF January, 1895, for all Of that Ger.
tail real property situate in the county OF San
Bernardino, state OF California, and particu-
larry described as follows, to wit;
First-That certain tract of land. commence
ing at point on the San Bernardino base line,
distant 7.50 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 g. township
l south, range west, S. B. NJ. and running
thence south SO chains; thence west 1880
chains thence north sc chains to the said
San Bernardino base line; and thence east
along the SAID base line 70 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 point on the line dividing
sections and 9 township south, range 7
west, S. b. NJ, distant % chains east from the
northwest corner OF said section 8; and rum
ming thence north IA chains: thence east 70
chains, 90 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 sVineyard tract 90 chains. so
links; thence south along the western line of
said Cucamonga Vineyard tract II cha ms;
thence west II chains to the place OF Begin
ming, and containing 1868 acres OF land.
Third-That 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 known and referred to as the northwest
corner OF section 4, township south, range
west, :. Ii. M, ana running thence south DU
chains; thence east 3 chains thence north so
chains to the said base line; and thence along
the same west chains to the place OF begin-
ming, and containing Is acres OF land.
The said three tracts of land being the same
tracts marked on the map, n copy OF which is
annexed to the complaint in this action,
acres and 1000 acres"
Subject however, as 10 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-c of q of all OF the waters now flowing
from the springs thereon in Cucamonga creek.
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 Cpcamonga 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 introductory decree in part
ition, being 521 inches, measured under q
fournch pressure, each inch being equivalents
TO Il flow OF one-iiftieth OF 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 OF
land, firstly aud secondly, hereinbefore de-
scribed, to.Wit.: Said 524.7 and said 1868 acre
tracts, should, in the future. see fit to make
further evelopments OF water, ana such dev.
elopmcnts should decrease the How OF said
springs the Cucamonga creek, or the said
tunnels now on said laud then, out of such
developments made by the owners of the
zee to said land the amount of water decreed
by said interlocutory decree as being appur.
tenant to said Vineyard tract. to-wit: u OF 524l
inches, measured aforesaid, and the amount
OF wat,.rd ecrecd to the Cucamonga Fruit Land
company, to-wit y of 524 inches, measured
MS alo esaid Is to be made good TO said parties,
their successors or assiyns, OUT OF Sucn 1utu
Developments.
1e ms and conditions OF sale--Each Of said
tracts of land is o be bid for seperately; 10
.f t4S, n l1f II
acceptance Of hid aud balance thereof upon
confirmation Of sale ny the above-enhtled
court purchase money to be paid in United
States gold con.
Dated os Angel s. Dcecmb 7 l4th, 1884,
A. FkTSCH,
L. T. WRIGHT e
JAI(N FNrEY