El Paso herald. (El Paso, Tex.) 1901-1931, 1910-09-02
Dispossession Notices Are
Being Served on Certain
Land Owners; Injunction
Proceedings Expected.

As important as the famous Chami-
zal zone case, the Ascarate land grant
case has been reopened by the depar-
| ture of deputy sheriff Juan Franco to
serve writs of execution on the settlers
in the FL Paso valley who are living
/ within the boundaries of the famous
grant.
| These settlers in turn are said to be
consulting with their attorneys in or
der to have a writ of Injunction pre-
| pared to prevent the service of the
| ejectment writs.
| The land in dispute extends from
within five miles of the courthouse in
Ell Paso to within a short distance of
Ysleta, and includes practically all Of
the land in the lower valley which is
under irrigation or can be irrigated
from the Rio Grande. The original
suit was filed by Josiah F. Crosby. B
H. Davis, Charles Davis, Juan NJ
! Ochoa, of Juarez; W. ". Williams, and
others, against E. F. Cadwallader, R
H Cadwallader, James B. Tays, Jessie
Burd, w. NJ. Walton, Antonio Apo
daca, Pablo Romero and others. This
suit was filed on July %, 1887. by at
torneys Davis, Beall & Kemp. lawyers
for the plaintiffs.
Involves Large Area.
The property in question involves
71,395,S77. square varas Of land, situ-
dl6Q III FL fdSO county. 1nlS 1dIOr
1t is claimed, was originally owned by
the Mexican government and was
granted to Juan and Jacinto Ascarate.
When Mexico coded that portion of its
territory north of the Rio Grande to
Texas, the Ascarate grant title was
placed in jeopardy. 1t was patented
by the state of Texas to Juan and
Jacinto Ascaarte, their heirs and as
signs by a patent issued Sept. IA, 1886,
according to the records in the office
Of the district clerk.
The suit of judge Crosby and others
against the Cadwallader brothers ct al
was for trespass TO try title. 1t was
claimed that these and others had
taken possession of the land in ques-
ton and were appropriating the land
and the rentals to their own use, the
amount of the monthly rental for the
entire tract being stated at $500, ac-
cording to the court records.
1t IS said that judge Crosby was Of
fered half interest in the grant If he
would secure a clear title to the prop
erty from the state Of Texas. This
resulted in the suit Of 1887, which is
the original one in the case and the
one which is still pending in the 34th
district court and has been pending for
the past % years. The land in dispute
was rapidly settled and the holdings
were claimed by number Of the set
tiers under the statute of limitations.
Intervcnors Enter.
In 1908. NJ. W. Stanton was retained
in the case by c. n. BasSett. who has
entered the case as an intervenor:
c. r. Morehead, as a trustee, and
others. A judgment was rendered by
judge ]. r. Harper of the Gath dis
trict court in June, 1909, against some
Of the defendants, who were nom
residents, who had been cited by pub
LEGATION. Those defendants against
whom Judgment had not been taken
were made defendants in II suits sew
cred from the original suits
The writs of execution which are be-
ing served by deputy sheriff Franco,
are writs which have been issued by
the district court instructing a peace
officer to levy on goods, chattels, ETC..
against which judgment has been rem
dered. These writs are to be served
on all persons who hold land in the
lower valley under the Ascarate grant
as included in the original suit,
brought in 1887.
Some of the defendants in the case
have effected a compromise with the |
plaintiffs in this action, one settlement; /
alone having been made for $4,000. !
The original defendants have in many !
cases disposed of their holdings to out /
side parties, who have been mads
parties TO the suits.