The San Francisco call., 1906-12-30
GEORGE FISHER, Secretary.
MEXICAN WAR BREAKS


Before the completion of the survey
OF the original grants a process neces-
sary for the determination of the lines
OF the Sobrante, or overplus lands, war
broke out between the United States
and Mexico, hostilities being concluded
by the treaty of Guadalupe Hidalgo,
under which the United States agreed
to protect the property rights Of all
persons holding title through the Mex
lean Government.
Under the terms OF this treaty Victor
Castro. on behalf of himself and his
brother, wi o had died, presented his
claim to the Sobrante for confirmation
by the United States Government On
July 8, 1855, the Federal Land Commits
sion, R A Thompson and S. P. Farrell.
confirmed to Castro the title to the So
brante and the action of the commission
was confirmed by the United States Su-
preme Court on appeal
But 1t was not until 1888 that the
Federal Government completed its sur
vey of the original grant and the So
brante and during the intervening
years hundreds of squatters had in
vaded the Sobrante by force and fraud,
1t is alleged, and by erecting homes,
cultivating the land and paying taxes
held that they had perfected title with
in themselves. Within five years of the
final confirmation of title by the Fed
eral Government, Castro brought suit to
dfspossess the squatters. The long
legal battle resulted In Castro's defeat
and then the Syndicate Water Company
bought out a majority of these holders
and the Contra Costa Water Company
the balance.
Then. with this land and the plant of
the Contra Costa Company as security,
the two corporations set about to or
ganfze holding company and planned
the issuance OF bonds In the sum of
s40,o00,000 for Improvements and ex-
tensions. Now they face the injunc-
tion proceedings.
John H Spring, who negotiated the
transfer OF the properties to the Syn
oicate and Contra Costa companies is
named as a defendant in the action in
stituted yesterday. 1t is claimed that
Spring acted with full knowledge of
all the rights and equities of the plain
tin in the action and that consequently
the corporations cannot take advantage
OF the provisions Of the law devised to
protect innocent purchasers.
PRAYER OF PLAINTIFF
While the original action now on ap-
peal would serve to finally decide the
question of title to the land. ATTORNEYS
Galpin, Elkins and Frost, who repre-
sent the plaintiff, decided to bring the
second action to prevent the piling up
of equitable rights in investors that
might purchase the bonds IT is as
serted the companies purpose issuing
So in conclusion the plaintiff prays:
For judgment Of injunction that the
defendant corporations be enjoined and
restrained from conveying or mortgag-
ing the real property described. for the
purpose of securing an issue of bonds
or otherwise, also restrained from the
issuing, delivering or accepting any
bonds secured on said sobrante, or any
portion thereof;
Also for judgment that the convey
ances described be determined to be a
cloud on plaintiffs title, and be can
celed; and
Also that all adverse claims on the
part of any Of the defendants, or of
their holding corporation, be terni-
mated by the judgment of this court,
and as against them the title of plain
tiff be forever Quieted. And for such
other and general relief as plaintiff
may be entitled to; with costs of this
action.