The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-08-30
SUIT OF THE NOE HEIRS,
Property-OWners Appoint a
Committee With Full Power
to Act.
LAST NIGHTS MAsS-MEETING.
Invaders of the San Miguel Rancho
Openly Charged With Black
mail.

The suit the Noe heirs threaten to bring
to throw a cloud upon the title of all the
property embraced in the San Miguel
rancho did not seem to worry very much
the property owners who gathered In
Duveneck's Hall, at the corner of Twenty
fourth and Church streets, last night.
Major Barna McKinne called the meet
ing to order, and George D. Shadburne was
at once chosen chairman, with w. ]. Nixon
secretary.
Chairman Shadburne began by giving
the area, with its bounds, of the property
involved, and went into the details of it's
original grant of Governor Pho Pico to
Jose de Jesus Noe down to the present
time.
The San Miguel rancho, he said, in
cluded fraction over 4443 acres, or one
Mexican league. Pho Pico the first Gov
ernor of California, made the grant to Jose
de Jesus Noe December %, 1915. This
title was confirmed by the Board of Land
Commissioners December IS, 1853 Chair
man Harry /. Thornton rendering the
opinion. The United States District Court
affirmed this September 10, 1854
Noe conveyed the ranch to Charles B.
Strobe August 2, 1858, for $4,000. Charles
B. Strobe assigned the contract to John
M. Horner August 3, 1858, for a consider
alton of $500 900. Noe gave Horner a deed
January So 1854, the consideration being
$4,000. Horner mortgaged it to Cor
nelius NJ. Garrison February 4. 1854, for
$50, goo, and Garrison assigned the mort
gage to Samuel Moss Jr. August II, 1854.
Samuel Moss Jr. brought a foreclosure
property was sold under foreclosure to
Theodore f. Moss April 3, 1856, for $137, 900.
Noe received patent from the United
States Government March 80, 1857. John
NJ Horner decided it, by Sheriff's sale, to
Theodore F. Moss November 5, 1856.
Theodore F. Moss decided it to Adolph E.
Borie July g. 1857. for $500, coo. Adolph E.
Borie decided it to F. L. A. Phoebe Febru-
airy 20, 1860. for 5000, 900.
This property was all cut up into home
steads by Phoebe and sold to individual
owners. On May 10, 1859, Noe as guardian
of the minor children, Espedion. Jose
Jesus and Vicente, of his wife, Guadalupe
Garduna Noe, deceased, gave deed of the
ranch to Attorneys Richard Roman, Isaac
n. Thorn and Tully R. Wise for a consid-
Grafton OF 81, and an action of ejectment
against the purchasers of the property
under the Phoebe conveyances was brought
June %, 1858, under the title of Jose Jesus
Noe, Richard Roman, Isaac n. Thorn,
Tully r. Wise and the minor heirs of
Guadalupe Garduna Noe, deceased, VS..
Stephen Card ct al.
This case was tried in both the Superior
and Supreme courts, Colonel Hoag and
Samuel Wilson defending and Tully R.
Wise representing the defendants in an
exhaustive legal struggle. The Supreme
Court at its January term, 1860, decided
the case against the plaintiffs, holding that
it was the separate property of Noe and
not community property as con tended.
Mr. Shadburne denounced the threat
ened suit as an attempt:to blackmail the
10000 property out of all the way
from 81 to $40 apiece for the dismissal of
the suits, but young Noe, he said, would
run up against some terrible kicking
before accomplishing his object He who
is deceived into paying one nickel to any
of the scorpions trying to sting him to
OF his fate" And he continued:
1.-The court decided this matter thirty
five years ago, and since thenIno man has
had the temerity to bring any such suit
as the one threatened.
"Ex-Mayor Ellert has assured me that
the Title Insurance Company would come
to the rescue of the property
Attorney A. P. Van Duzer said it would
cost the plaintiffs $1,000 to begin suits
against 10000, and humorously observed
that no lawyer ever had that much cash
or could get that amount of credit to risk
upon any such venture. Similar suits. had
been tried in the Potrero and in the West
ern Addition. The Potrero property
owners had been harassed for forty years.
Mr.. Van Duzer would favor, he said,
prosecuting man criminaIly for perjury
if he swore to anything false in the bring
ing of such suit, and thought the Bar
Association should endeavor to get an
attorney disbarred who would lend his
service to any questionable proceeding.
Major McKinne said if any such suit
were brought as threatened. an effort would
be made to have it tried without the least
delay. In the opinion of w. B. Curtis
there was nothing to fear.
The chair appointed Adolph Sutro, B.
McKinne, William III. Grim, William B.
Curtis Jacob Heyman, a. M. Whittle and
Mrs. Paul Rossiter as a committee to take
action in the premises and the meeting
added Mr.. Shadburne himself.