The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-26
THE SAN JOSE RANCHO SUIT.
A Land Company's Shadowy
Claim Settled.
History of a Mexican Government
Grant.
3 Review Of Certain Transactions, Con-
sissing of Agreements, Deeds
and Mortgages.

superior court yesterday ordered de-
cree in favor of plaintiff. enjoining the
defendant from asserting any title to the
San Jose rancho, in thu suit of Louis
Phillips against the San Jose Rancho
company.
1t was an action to quiet title to
portion OF the rancho, aud the matter is
one OF public interest, as it deals with
the records OF this county many years
back.
The court saya: The defendant bases
its claim to title upon deed from Luz
garda A. de Palomares and others. of
date December is. 1888. A brief state-
ment of the material facts in the history
of the title is sufficient to show that, in
equity at least, defendants claim lie
without the shadow of foundation.
On April Is, 1887. Juan B. Alvarado,
the then governor OF California under
the Mexican governments, granted to
Ignscio Palomares and Ricardo Vejar,
"the spot known az San Jose" There
after Pslomares. Vsjar and one Luis
Arenas formed an association or partner
ship and in March, 1910, upon their pc
tition, grant or re-grent was made to
them of the same land and one addi-
tional league. In February, 1916, the
court OF the first inetance Of the city of
Los Angeles entered its judgment, par
titioning tho land contained within said
grants among Palomares. Vojar and one
Dalton, who had succeeded TO the title
of Arenas, and allotted to each portion
thereof in ssveralty.
In 1868 Palomares, Vejar and Dalton
petitioned the United States board OF
land commissioners praying that there
might be confirmed to them respective
ly, the tracts OF land allotted to them BIZ
the decres OF partition in tho court Of
the frat instance. The board of COM
missioDera onhrmed to them az tenants
in common an undivided one-third OF
the land embraced within the grant Of
1910. An appeal was taken to the dis.
trics court of the United States, which
on June 4, 1867, affirmed the decision OF
the commissioners. After final survey,
patents were issued TO PAlomares, Vejar
and Dalton for an undivided one-third
each.
The patent to the land embraced
within the original grant OF 1887 Was is
sued in January, 1875, and the land has
since been known AZ the Rancho San
Jose. The patent to the additional
league or augmentation embraced with
in the grant OF 1910 issued in DJcsmber,
1875, and the land haa since been known
as the Rancho San Jose Addition.
On January 10. 1880, the Mound City
Land and Water association. the then
owner of the Dalton title, brought suit in
partition in this court. In that action,
Phillipa (plaintif- in this acsjon), the.
then owner OF the Vejar title, filed mia
answer denying tenancy in com mon and
alleging ownership ia ssveralty under
the partition OF 1916. Lugarda A. de
Palomares, the then owner of the PGlo-
mares title. filed her answer alleging
ownership in severalty under said judg
ment of partition and denying tenancy
in common, except 40 to certain tracts
containing respectively 632 acres aud 93
acres. which were included in the final
survey and patent TO the Rancho San
Jose, but were not included in ths decree
of partition.
The court, Howard. Judge, held that
the judgment OF the court of the first
instance was void, and ordered parti-
ton, all OF which was affirmed by the
supreme court on appeal, but no steps
beyond filing the interlocutory decree
were taken.
While that action was pending Phil
lips and Lugsrds A. de Palomares agreed
on division line between their rsspec-
tive tracts, and the latter on the sams
day conveyed to tho former for $500 all
the land described in the agreement.
The agreement and deed we're made for
tha & aat G.. he, -,
OF the parties as successors to the title
OF lgnacio Palomares and Ricardo Vejsr
to the San Joae rancho.
In April. 1877, Ramon Vejsr, ct al,
claiming to be heirs at law to Ricardo
Vsjar, and es such tenants in common
OF the Raucho San jose addition, with
the Mound City Land and Water associ-
alton, Louis Philios, Lugardo A. de
Pslomares and others, brought suit in
partition in this court. The San Jose
Ranch company. the defendant here.
having succeeded the Mound City Land
and Water association in the ownership
OF the Dalton title. answered alleging
ownership III eeveralty. While the ac-
ton was pending. on May IT. 1898, the
San Jose Ranch company executed a
deed conveying to Phillips all its title to
Ricardo WARS portion At the Rancho
San Jose and San Jose addition made In
l645 by Juan Gailardo. first slcalde and
Judge OF the first instance. and also the
lands in the San Jose ranch conveyed By
F. Palomares, Lugardo A. do Palomares
and A. J. Hutchinson to Phillips.
1t is apparent that this interchange OF
deeds between the San Jose Ranch com.
pany and Palomsres, aud between Phil
lips and the San Jose Ranch company
was for the purpoae OF securing to the
parties holding the Dalton, Palomares
and Vejar titlss. respectively. the trac ts
of land which they had possessed and
occupied under the partition proceed
ings Of 1916.
The court holds that the partition 90
to Viiar and Palomares was valid. De.
PENDANTS plea in abatement was also held
TO be- without merit. Findings and de-
cree ordered.
Wanted to Die Badly.
A new arrival named john Sexton,
- i,a;ls from, Roma Nitv Tdaho so,iy