Abstract of Titles Santa Clara County, CA 1852-1912

Abstract of Title

AND

CERTIFICATE OF SEARCH

Lots 7 and 8 in Block 3 Range 11 North of the base line of the City of San Jose,

COUNTY OF SANTA CLARA

State of California.

Dated February 21, 1912

Made at the request of

John Hartzoke, Esq.

pg. 1-2

XI-14

INDEX

Instrument	Parties	Pages
Title Page		1
Grant	White to Wood	2
Deed	Wood to Gilbert	3
Deed	Unknown owners by Sheriff to Teall	4
Power Atty	Teall to Divine	6
Deed	Teall to Rhodes	7
Deed	Rhodes to Divine	8
Deed	Divine to Day	9
Deed	Gilbert by Sheriff to Day	10
Deed	Estate of Gilbert by Shff. to Day	13
Pueblo Title		16
Deed	City San Jose to Day	25
Deed	Day to Savage	27
Deed	Savage to Hayes	28
Deed	Savage to Hayes	29
Estate No. 1346	Nicholas Hayes Deceased	30
Marriage	Martin with Hayes	40
Marriage	Martin with Hayes	41
Deed	Savage to Savage	42
Deed	Savage to Savage	43
Deed	Savage to Savage	44
Deed	Martin to Garniss	45
Deed	Savage to Garniss	46
SUIT No 8334	McLean vs Savage	48
Suit	Teall vs Savage et al	49
Deed	Garniss to McLean	50
Deed	Garniss to McLean	51
Deed	McLean to Griggs	52
Mortgage	Griggs to DuBois	54
Tax Sale	Griggs to State	55
Tax Sale	DuBois to State	56
Deed	Griggs, by Tax Coll. to State	57
Lis Pendens	Casley vs Griggs	61
Deed	State, by Tax Coll. to Hartzoke	64
Suit No 15931	Griggs vs Hartzoke	70
Tax Suit No. 1624	People vs Estate Gilbert	85
Tax Suit No. 937	People vs E. Gilbert	86
Tax Suit No. 571	City vs Sherman Day	87
Tax Suit No. 2005	People vs Savage	88
Taxes		89

Juanita Halsey

Searcher of Records

San Jose, Cal.

pg. 1

ABSTRACT of TITLE.

To,

All those certain lots, pieces or parcels of land, situate, lying and being in City of San Jose, County of Santa Clara, State of California, described as follows, towit: Lots 7 and 8 in Block 3 Range 11 North of the base line of the City of San Jose.

pg. 2

CHAS. WHITE

1^st. Alcalde.

CHARLES S. WOOD.

GRANT

DATED, NOVEMBER 6, 1848.

“Jusgada del Pueblo de San Jose de Gde.

Whereas Charles S. Wood has applied to this office for lots 7 and 8 in Block No. 3 and range No. 11 North of the base line and said lots being vacant (and other lots) This therefore is to certify that I Chas. White 1^st Alcalde of the Pueblo de San Jose de Gde on the part of said Pueblo for and in consideration of the sum of twelve dollars and fifty cents for each lot to me in hand in placero gold at the rate of sixteen dollars poz troy together with the legal fees of the office receipt whereof is hereby fully acknowledged hath bargained sold and conveyed unto the said Charles S. Wood and to his heirs and assigns forever, four lots or messuages of land laying and being in the Pueblo de San Jose de Gde, being known on the plot of said Town as lots No one and two seven and eight in Block No three and range No eleven _ and containing in each lot fifty varas square.

RECORDED, NO DATE

Book 2 of Deeds page 242.

pg. 3

CHARLES S. WOOD and

CHRISTA ANN________

EDWARD GILBERT.

DEED

DATED, FEBRUARY 27, 1849

Consideration $125.

Grant and convey unto the said party of the second part, his heirs and assigns forever, all that certain piece or parcel of land lying and being in the Pueblo de San Jose and known on the plot of said City as lots number seven and eight in Block number three and range eleven North of the base line and containing in each lot 50 varas square.

(Sgd) Charles S. Wood (L.S.)

Christiana Wood (L.S.)

ACKNOWLEDGED, FEBRUARY 27, 1849

By Charles T. Wood and Christiann_ his wife

Before K. H. Dimmick Chief Magistrate.

RECORDED, (NO DATE.)

Book 4 of Deeds page 150.

pg. 4

UNKNOWN OWNERS by

JOSEPH W. JOHNSON Sherriff (sic) and Ex officio Collector of State and County

taxes in and for the County of Santa Clara and State of California.

OLIVER TEALL.

DEED.

DATED, AUGUST 31, 1853.

Consideration $153.60

Witnesseth: That by virtue of an Act of the Legislature to provide for levying, assessing and collecting Public Revenue approved April 23, 1852, the said party of the first part did for default of payment of the State and County taxes for the year ending March 1^st, 1853, due on the following described property situate in the City of San Jose, in the County of Santa Clara, and State of California, described and designated on a Map or plat of said City and its Additions and Surveys made by Sherman Day, as follows, towit: (it being sold as property belonging to owners unknown.)

Lots 7 and 8 in Block 3 Range 11 N of the base line (and other lots) for $9.71 (and other property) amounting in the aggregate to $153. 60.

I seized said property and exposed the same for sale before the Court House of said County of Santa Clara, in the City of San Jose, on the 28^th day of February, A. D. 1853, having first given due notice thereof as by said act required; and at said public sale, the said party of the second part, for the sum of $153.60 did become the purchaser of the above described parcels or lots and Blocks as they are above described, and each for the sums there set down for each parcel, no person offering to take a less portion of said property.

Whereupon I, the said Sherriff (sic) and Ex officio Collector as aforesaid, after receiving from said purchaser the said several

pg. 5

sums of money so bidden for each of said several parcels as above set forth and set down, amounting in the aggregate to the said sum of $153.60 as aforesaid I gave to him such certificate as is by law directed to be given, and a duplicate certificate of such sale was duly filed in the office of the Recorder of the County of Santa Clara; and Whereas the six months after such sale thereof has expired without any of the above lots or blocks having been redeemed.

Now I, Joseph W. Johnson, Sherriff (sic) &c do grant, bargain, sell, convey and confirm unto the said Oliver Teall his heirs and assigns forever all and singular the above mentioned and described lots, blocks or parcels of land, as fully and absolutely as I, Joseph W. Johnson, as such Sherriff (sic) & Ex officio Collector, as aforesaid may or can lawfully sell and convey the same.

ACKNOWLEDGED, OCTOBER 31, 1853.

By Jos. W. Johnson, individually and not as Sheriff & Collector.

Before S. A. Clark County Recorder.

RECORDED, OCTORBER 31, 1853.

Book F of Deeds page 464.

Certificate of Sheriff sale filed in County Recorder's office

June 1, 1852.

pg. 6

OLIVER TEALL

DAVIS DIVINE.

POWER OF ATTORNEY.

DATED, FEBRUARY 2, 1852.

Do hereby make, constitute and appoint Davis Divine of the City of San Jose, in the County of Santa Clara, in the State of California, my attorney for me and in my name and to my use, to enter upon, into and take possession of all such messuages, lands, tenements, hereditaments and real estate whatsoever in the State of California, whereof I now am, or hereafter may be by anyways or means howsoever entitled or intended in, either in severalty or jointly or in common with any other person or persons and also for me, and in my name to grant, bargain, and sell the same messuages lands, tenements and hereditaments or any part, share or portion thereof and all such right, title, interest, claim and demand both in law and equity as I may have in the same for such sum and price, and in such terms as to him shall seem meet and for me and in my name to make, execute and deliver good and sufficient deeds of conveyance of quit claim for the same.

ACKNOWLEDGED, FEBRUARY 2, 1852

Before Israel Spencer, Judge of Onondago County Court, New York.

Certificate of Rufus Cossit Clerk of Onondago Co., N. Y. as to official capacity and genuineness of signature of Israel S. Spencer Judge of Onondago County Court, N. Y., annexed.

RECORDER, MARCH 16, 1852

Book D of Deeds page 430.

pg. 7

OLIVER TEALL

by Davis Divine, Attorney in fact,

AUGUSTUS L. RHODES.

DEED

DATED, AUGUST 1, 1857.

Consideration $5000.

Remise, release and forever quit claim, unto the said Augustus L. Rhodes, his heirs and assigns forever, all those certain pieces or parcels of land, and Town lots, situate, lying and being in the City of San Jose, in the County of Santa Clara, and State of California, known on the Map or plat of said City drawn by Sherman Day as the whole of Block 3 Range 11 (and other property) all of the above lots and block are situate north of the base line in said City.

ACKNOWLEDGED, SEPTEMBER 17, 1857

By Davis Divine, as attorney in fact of Oliver Teall.

Before S. A. Clark County Recorder.

RECORDED, OCTOBER 8, 1857.

Book L of Deeds page 180.

pg. 8

AUGUSTUS L. RHODES

DAVIS DIVINE.

DEED

DATED, AUGUST 1, 1857.

Consideration $5000.

Remise, release and forever quit claim unto the said Davis Divine his heirs and assigns forever, all those certain pieces or parcels of land and Town lots, situate, lying and being in the City of San Jose, in the County of Santa Clara, and State of California, known on the Map or plat of said City drawn by Sherman Day as the whole of Block 3 Range 11 (and other property). All the above lots and blocks are situate north of the base line in said City.

ACKNOWLEDGED, SEPTEMBER 17, 1857.

Before S. A. Clark County Recorder.

RECORDED, OCTOBER 8, 1857

Book L of Deeds page 182.

pg. 9

DAVIS DIVINE

SHERMAN DAY

DEED

DATED, MAY 22, 1865.

Consideration $50.

Rev. stamp 50¢ cancelled.

Remise, release and forever quit claim unto the said Sherman Day his heirs and assigns forever, all those pieces or parcels of land and City Lots known on the Map or plat (compiled by Sherman Day) of the City of San Jose, as Lots 7 and 8 in Block 3 in Range 11 North in said City County and State aforesaid.

ACKNOWLEDGED, MAY 30, 1865.

Before Samuel Cross, N. P.

Sacramento County.

RECORDED, JUNE 9, 1865.

Book T of Deeds page 678.

pg. 10

EDWARD GILBERT

by J. H. ADAMS, Sheriff of Santa Clara County (acknowledged “John” H. Adams)

SHERMAN DAY

DEED

DATED, MARCH 14, 1867.

Consideration $27.00

Rev. stamp 50¢ cancelled.

Whereas, on the 7^th day of July A. D. 1865, the People of the State of California, recovered a judgement (sic) in the District Court, of the third Judicial District of the State of California, in and for the County of Santa Clara, against Edward Gilbert and the Real Estate hereinafter described together with an execution and order of sale against said Real Estate, for the sum of $2.50 in United States Gold Coin, in a suit for the recovery in the manner provided by Statute, of delinquent taxes which had attached and become a lien, due and unpaid, on the premises described in said judgment, execution and order of Sale; together with the further sum of ____ Dollars, costs, and all accruing costs; which said judgment and all costs amounted on the day of sale hereinafter mentioned, to the sum of $27.00.

And Whereas, afterward on the 23^rd day of December A. D. 1865, by a Writ of Execution and order of Sale to me directed, and issued out of the office of the clerk of the District Court, of the Third Judicial District of the State of California, in and for the County of Santa Clara, the said judgment hereinbefore described, and by me received on the 2^nd day of November A. D. 1865, by which I was commanded to levy and cause to be made out of the personal property of the said Edward Gilbert, and if sufficient personal property of the said Edward Gilbert, and if sufficient personal property could not be found, then out of the Real property described in said Execution and order of sale, and which the hereinafter

pg. 11

particularly mentioned and described parcel is the same as will by said Writ more fully appear, reference thereto being had; And, Whereas, after the receipt of said Writ of Execution and order of Sale by me, and before the day of the return thereof, I did by virtue of the said Writ of Execution and Order of Sale, levy on, seize and take the land therein particularly described, to satisfy the said judgment, costs and charges, and did give the legal notice of the time and place of the sale thereof, according to the statute in such cases made and provided, and upon the day of such sale, towit: the 23^rd, day of December A.D. 1865, sold the lands hereinafter more particularly described, according to the statute in such cases made and provided, to Sherman Day for the sum of $27.00 the sum being the total amount as aforesaid of the judgment, and all costs then due: and said Sherman Day being the bidder who would take the least quantity of the property described in said execution and order of sale and pay the judgment and all costs:

And Whereas, six months has fully elapsed and expired since the day of said Sale: And Whereas, no redemption has been made of said premises, or any part of portion thereof.

Now, Therefore, Know Ye, that I, J. H. Adams, the Sheriff, aforesaid, by virtue of the aforesaid Writ of Execution and order of Sale, and of the Statute in such cases made and provided, and in consideration of the aforesaid sum of $27.00 &c. paid by said Sherman Day &c do grant, bargain and sell, unto the said Sherman Day and to his heirs and assigns forever, all that certain piece or parcel of land, situate, lying and being in the County of Santa Clara, State of California, and township of San Jose, towit: Lots 7 and 8 in Block No. 3 Range 11 North in the City of San Jose.

ACKNOWLEDGED, MARCH 15, 1867.

As Sheriff &c.

Before A. E. Pomeroy County Clerk

Santa Clara County.

RECORDED, APRIL 6, 1867.

Book J of Deeds page 681

pg. 12

Certificate of sheriffs sale filed in County Recorder's office December 26, 1865.

pg. 13

ESTATE OF ____ GILBERT

by J. H. Adams, Sheriff of Santa Clara County (acknowledged “John H. Adams”)

SHERMAN DAY.

DEED.

DATED, MARCH 14, 1867

Consideration $31.23

Rev. stamp 50¢ cancelled.

Whereas, on the 26^th day of May A. D. 1865, the people of the State of California recovered a judgement (sic) in the District Court of the Third Judicial District of the State of California in and for the County of Santa Clara, against the estate of ____ Gilbert and the Real Estate hereinafter described, together with an execution and order of sale against said Real Estate for the sum of $5.85 in United States Gold Coin, in a suit for the recovery, in the manner provided by statute, of delinquent Taxes which had attached and become a lien, due and unpaid, on the premises described in said judgement (sic), execution and order of Sale: together with the further sum of ____$, costs and all accruing costs, which said judgment (sic) and all costs amounted on the day of sale, hereinafter mentioned, to the sum of $31.23

And Whereas, afterward, on the 23^rd day of December A. D. 1865, by a writ of execution and order of sale, by me directed, and issued out of the office of the clerk of the District Court of the Third Judicial District of the State of California, in and for said County of Santa Clara, the said judgment hereinbefore described and by me received on the 8^th day of Nov. A. D. 1865, by which I was commanded to levy and cause to be made out of the personal property of the said estate of ____ Gilbert, and if sufficient personal property could not be found, then out of the Real property described in said execution and order of sale, and which the hereinafter particularly mentioned and described parcel is the

pg. 14

same, as will by said Writ more fully appear, reference thereto being had; And Whereas, after the receipt of said Writ of Execution and order of sale by me, and before the day of the return thereof, I did, by virtue of the said Writ of Execution and order of Sale, levy on, seize and take the land therein particularly described to satisfy the said judgement (sic), costs and charges, and did give the legal notice of the time and place of the sale thereof, according to the statute in such cases made and provided, and upon the day of such sale, towit, the 23d. day of December A. D. 1865, sold the lands hereinafter more particularly described according to the statute in such cases made and provided, to Sherman Day for the sum of $31.23, the sum being the total amount as aforesaid of the judgement (sic), and all costs then due.

And said Sherman Day being the bidder who would take the least quantity of the property described in said Execution and order of sale and pay the judgement (sic) and all costs.

And Whereas, six months has fully elapsed and expires since the day of said sale.

And Whereas, no redemption has been made of said premises, or any part or portion thereof, Now Therefore, Know Ye, that I, J. H. Adams, the sheriff aforesaid, by virtue of the aforesaid Writ of Execution and order of Sale and of the statute in such cases made and provided, and in consideration of the aforesaid sum of $31.23 to me, the sheriff, as aforesaid, &c do grant, bargain and sell unto the said Sherman Day and to his heirs and assigns forever, all that certain piece or parcel of land, situate, lying and being in the County of Santa Clara, State of California and Township of San Jose, towit: Lots 7 and 8 Block three Range 11 North in the City of San Jose.

ACKNOWLEDGED, MARCH 15, 1867.

Before A. E. Pomeroy. County Clerk Santa Clara County.

RECORDED, APRIL 11, 1867.

Book J of Deeds page 683.

pg. 15

Certificate of Sheriffs sale filed in County Recorder's office December 26, 1865.

NOTE: No estate of Edward Gilbert in this County.

pg. 16

ABSTRACT of the PUEBLO TITLE

Derived Under Acts of Legislature of the State of California

Through the Commissioners of the Funded Debt

of the

City of San Jose.

Compiled by Juanita Halsey

Searcher of Records

San Jose, Cal.

pg. 17

HISTORY.

The Mayor and Common Council of the City of San Jose, Claimants for land described by boundaries granted July 22^nd, 1778 by Felipe de Neve Pueblo of San Jose.

Claim filed July 14^th, 1852, confirmed by the Commission February 5^th, 1856 and by the District Court November 26^th, 1859.

Hoffman Reports

Land Cases.

pg. 18

PUEBLO TITLE.

An Act to authorize the funding of the debt of the City of San Jose and to provide for the payment of the same.

Approved April 19^th, 1856.

Statutes 1856 Chap. 136.

An Act to authorize the funding of the unfunded debt of the City of San Jose and to provide for the payment of the same.

Statutes 1858 page 193.

A Board of Commissioners is created to consist of William Daniels, Thomas Fallon, and James C. Cobb to be styled the Board of Commissioners of the Funded Debt of the City of San Jose.

May 17^th, 1858 Resignation of Thomas Fallon as one of the Board of Commissioners accepted by the Board of Trustees of the City of San Jose.

Book of Records page 265.

June 10^th, 1858. S. O. Houghton elected to fill vacancy.

Book of Records page 266.

August 2^nd, 1858. Ordinance. The President of the Board of Trustees of the City of San Jose is hereby required and authorized as soon as the bonds required by the Act creating the Commission of Funded Debt are prepared to convey to the Commissioners of the Funded Debt of the City of San Jose on their application in writing, all the property and rights, titles and interest in property belonging to said City together with lands and rights in lands or claims to the same held or owned by the former Pueblo de San Jose deGuadalupe and all the Pueblo rights of said Pueblo in trust however for the uses and purposes set forth

pg. 19

and expressed in the said Act and when said debt so funded shall be fully paid then it shall be the duty of said Board of Commissioners to reconvey to the City of San Jose the residue and remaining portion of said property remaining unsold and so conveyed to them.

The City of San Jose, by

Peter O. Minor, President of the Board of Trustees.

William Daniels

James C. Cobb and S. O. Houghton,

Commissioners of Funded Debt of the City of San Jose.

DEED.

DATED, AUGUST 4^th, 1858.

Cons. Premises.

Whereas, William Daniels, James C. Cobb and Sherman O. Houghton have duly qualified as Commissioners of the Funded Debt of the City of San Jose in accordance with the requirements of an act of the Legislature of the State of California, approved April 21^st, 1858, entitled “An Act to authorize the Funding of the Unfunded Debt of the City of San Jose and to provide for the payment of the same.” And Whereas the Board of Trustees of the City of San Jose did, on August 2^nd, 1858, authorize, empower and direct P.O. Minor, President of the Board of Trustees to make, execute, acknowledge and deliver to said Commissioners, all the property and rights, titles and interest in property belonging to said City together with lands and rights in lands or claims to the same held or owned by the former Pueblo de San Jose de

pg. 20

Guadalupe and all the Pueblo rights of said Pueblo in trust for the payment of the debts of the said City. Now therefore I, Peter O. Minor, President of the Board of the Trustees of said City by virtue of the authority conferred upon me by said ordinance in consideration of the premises, grant, bargain, sell and convey unto William Daniels, James C. Cobb and S. O. Houghton, Commissioners of the Funded Debt of the City of San Jose and to their successors in office all those certain lands lying in the County of Santa Clara, State of California, towit: All the property and rights, titles and interest in property belonging to said City together with the lands and rights in lands or claims to the same held or owned by the former Pueblo de San Jose de Guadalupe and all the Pueblo rights of said Pueblo upon trust to sell and dispose of the same in such manner as they may deem the best interests of said City require and apply all the moneys which shall be received by them from the sales of said lands to the payment of the Funded Debt of the City of San Jose after paying the necessary expenses of said Board of Commissioners.

(Sgd.) Peter O. Minor. (Seal)

Acknowledged, August 22^nd, 1858.

Before John B. Hewson, County Clerk of Santa Clara County.

Recorded, September 4^th, 1858.

Liber “L” of Deeds, page 672.

pg. 21

An Act supplementary to and amendatory of an act authorizing the funding of an Unfunded Debt of the City of San Jose and to provide for the payment of the same. Approved April 21, 1858.

Approved March 7, 1859. Statutes of 1859 Chap. 92.

May 2, 1859. Resignation of Wm. Daniels as Commissioner of the Funded Debt accepted.

Book of Records, page 295.

June 6, 1859. Lawrence Archer elected to fill vacancy.

Feb. 3, 1861. Lawrence Archer resigns and Wm. Daniels was elected to fill vacancy.

Book of Records, page 376.

An Act supplementary to an Act entitled An Act to authorize the funding of the unfunded Debt of the City of San Jose and to provide for the payment of the same. Approved April 25, 1858.

An Act to amend An Act to authorize the Funding of the Unfunded Debt of the City of San Jose and to provide for the payment of the same. Approved April 21, 1858.

Nov. 14, 1864. Resignation of S. O. Houghton presented.

Book of Records page 241.

Nov. 15, 1864. Resignation of S. O. Houghton accepted and Francis E. Spencer elected to fill vacancy.

Book of Records, page 242.

An Act to abolish the Board of Commissioners of the Funded Debt of the City of San Jose. Approved Jan. 17, 1866.

Statutes of 1866 Chap. 29.

pg. 22

Francis E. Spencer,

James C. Cobb and William Daniels,

Commissioners of the Funded Debt of the City of San Jose,

THE MAYOR and COMMON COUNCIL of the City of San Jose and their Successors in Office.

DEED.

DATED, JANUARY 26^th, 1866.

Cons. Authority conferred and $1.00

Whereas, all of the indebtedness of the City of San Jose which existed on the 21^st day of April, 1858 and all of the indebtedness of said City which was authorized to be funded by virtue of an Act approved April 21^st, 1858, has been fully paid, and whereas the Legislature of the State of California passed “An Act entitled “An Act to abolish the Board of Commissioners of the Funded Debt of the City of San Jose.” Approved January 17^th, 1866, wherein it is expressly provided that said Commissioners or a majority thereof are required to convey to the “Mayor and Common Council of the City of San Jose” on the application of the Mayor thereof, all property and rights, titles and interests in property belonging to said Commissioners together with lands and rights in lands or claims to the same, held or owned by the former Pueblo de San Jose, and whereas, the said Mayor of the City of San Jose did January 25^th, 1866, make a demand on said Board of Commissioners of the Funded Debt requiring said Board to make, execute and deliver a proper deed of conveyance

pg. 23

from said Board to said “Mayor and Common Council” of all the property, rights and interests belonging to said Commissioners which remained in their hands unsold on the 17^th day of January A. D. 1866.

Now therefore, do grant, bargain, sell and convey unto the Mayor and Common Council of the City of San Jose and their successors in office, in trust, for the use and benefit of said City and the citizens thereof, all those certain lands lying in the County of Santa Clara, State of California, towit: All the property belonging to said Commissioners as such, rights, titles and interests in all the lands and claims to any and all the lands held or owned by the former Pueblo de San Jose de Guadalupe meaning thereby all the right, title, claim and interest in the property and lands aforesaid acquired by said Board of Commissioners by a certain deed of conveyance to said Board made and executed by P. O. Minor as President of the Board of Trustees of the City of San Jose, dated on the 4^th day of August A. D. 1858, and recorded in Book “L” of Deeds, p. 672 etc. in the office of the Recorder of the County of Santa Clara, excepting from this conveyance, however, all such lands as may have been heretofore sold to private persons by said Commissioners.

(Sgd.) Frs. E. Spencer. (Seal).

James C. Cobb (Seal).

Wm. Daniels (Seal)

Acknowledged, FEBRUARY 3^rd, 1866.

Before Charles G. Thomas, N. P.

Recorded FEBURARY 6^th, 1866.

Liber “U” of Deeds, page 589.

pg. 24

THE UNITED STATES OF AMERICA

THE MAYOR AND COMMON COUNCIL

of the City of San Jose, their successors and assigns.

PATENT.

DATED, JUNE 4, 1884.

Does give and grant unto the Mayor and Common Council of the City of San Jose, their successors and assigns, a tract of land including within its exterior boundaries the City of San Jose and designated upon the plat attached to said patent as lying within the boundaries of Pueblo Tract. No. 1.

(Sgd.) By the President, Chester A. Arthur,

By W. H. Crook, Secretary.

(Seal) S. W. Clark, Recorder of the General Land Office.

Recorded, JULY 11, 1884.

Liber “D” of Patents, page 12.

pg. 25

J. A. QUINBY

as Mayor of the City of San Jose,

SHERMAN DAY.

DEED.

DATED, AUGUST 6, 1867.

Consideration Premises and $19.00

50¢ Rev. Stamp cancelled.

Certified copy of ordinance passed by the Mayor and Common Council of the City of San Jose, August 5, 1867, approved August 6, 1867, authorizing the sale of Pueblo Lands to Sherman Day set forth at length authorizing and directing the Mayor of said City to sell and convey to Sherman Day on payment to the City Treasurer the sum of $19.00, the following described tracts or parcels of land being a portion of the Pueblo Lands of the City of San Jose, towit: All those certain tracts or parcels of land lying and being in the City of San Jose, County of Santa Clara, in the State of California, and known on the Map of said City as lots 7 and 8 in Block 3 of Range 11 North of the Base line.

Recites ordinance, a certified copy of which is hereto attached and is hereby referred to and made a part of this indenture.

Now, therefore in consideration of the premises and the sum of $19.00 said party of the first part, for and on behalf of said Mayor and Common Council of the City of San Jose, doth bargain, sell, release, remise and convey to the said party of the second part, and to his heirs and assigns forever, all those certain pieces or parcels of land situate, lying and being in the City of San Jose, County of Santa Clara, State of California, and bounded and described as in said ordinance is set forth, which said certified copy of said ordinance is hereby referred to for a full description

pg. 26

of said premises.

Provided Always, that all covenants of warranty are hereby expressly excluded herefrom.

(Sgd.) J. A. Quinby (Seal)

Mayor of the City of San Jose.

Seal)

City of San Jose)

Acknowledged, AUGUST 6, 1867.

Before A. E. Pomeroy, County Clerk.

Recorded, AUGUST 6, 1867.

Book W of Deeds, page 385.

pg. 27

SHERMAN DAY and ELIZABETH ANN _ his wife,

JANE M. SAVAGE, wife of Richard Savage.

DEED.

DATED, MARCH 3, 1868.

Consideration $1200.

50¢ rev. stamp cancelled.

Remise, release and quit claim unto the said party of the second part, and to her heirs and assigns forever, all that certain piece or parcel of land in the City of San Jose, County of Santa Clara, State of California, known on the plan of said City as Lots 7 and 8 (and other lots) in Block 3 Range 11 North of the base line, being the same property conveyed to Sherman Day by deeds from Davis Divine, from John H. Adams, Sheriff of Santa Clara County, and from the Mayor and Common Council of the City of San Jose, which deeds are on record in the books of the Recorder of Santa Clara County.

ACKNOWLEDGED, MARCH 3, 1868.

Before Geo. M. Yard, N. P.

Alameda County, Cal.

RECORDED, MARCH 12, 1868.

Book 8 of Deeds, page 459.

pg. 28

JANE M. SAVAGE

NICHOLAS HAYES.

DEED.

DATED, APRIL 1, 1870.

Consideration $500.

Rev. stamp 50¢ cancelled.

Grant, bargain and sell, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain lot, piece or parcel of land situated lying and being in the City of San Jose, County of Santa Clara, and State of California, and bounded and particularly described as follows, towit: Lot number 8 in Block number 3 Range number 11 North of the base line of the City of San Jose, the same being fifty varas front on Saint Johns (sic) Street by fifty varas deep fronting on Eleventh Street.

Acknowledged, April 7, 1870.

Before F. O. Wegener, N. P.

City and County of San Francisco.

Recorded, April 11, 1870.

Book 17 of Deeds, page 289.

pg. 29

RICHARD SAVAGE and JANE M. SAVAGE, his wife.

NICHOLAS HAYES.

DEED.

DATED, APRIL 1, 1870.

Consideration $500.

50¢ Rev. stamp cancelled.

Grant, bargain and sell, convey and confirm unto the said party of the second part, and to his heirs and assigns forever, all that certain lot, piece or parcel of land situated lying and being in the City of San Jose, County of Santa Clara, State of California, and bounded and particularly described as follows, towit: Lot 8 in Block 3 Range 11 North of the base line as laid down on the Map or plan of said City of San Jose, and being fifty varas front on Saint John Street by fifty varas deep fronting on Eleventh Street.

Acknowledged, APRIL 23, 1870.

Before F. O. Wegener, N. P.

City and County of San Francisco

Recorded, April 29, 1870.

Book 18 of Deeds, page 7.

pg. 30

IN THE SUPERIOR COURT OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA.

In the Matter of the Estate

NICHOLAS HAYES, Deceased.

Estate No. 1346

Reg. D. Page 394.

1881

Apr. 29

Will and codicil filed, as follows:

“In the name of God, Amen, Be it known that I Nicholas Hayes of the City of San Jose, in the County of Santa Clara, being of sound mind and disposing memory and duly impressed with the uncertainty of human life, do make, publish and declare the following to be my last Will and Testament. First: I give and bequeath after the payment of all my just debts and liabilities, all my property real, personal and mixed wheresoever situate of which I may be seized at my death to my beloved wife Elizabeth Hewlett Hayes whom I hereby appoint sole executrix of this my last Will and Testament, hereby revoking all former will by me made. In Witness Whereof, I have hereunto set my hand and seal the twenty third day of October in the year of our Lord one thousand eight hundred and sixty eight.

Nicholas Hayes (Seal).

The above instrument of one sheet, The Last Will and Testament of Nicholas Hayes was at the date thereof declared to us by the testator Nicholas Hayes to be his last Will and testament: And he then acknowledged to each of us that he had subscribed the same; and we at his

Transcribed by: Jeanne Sturgis Taylor.

Source: Halsey, Juanita, Searcher of Records, Abstract of Title and Certificate of Search Lots 7 and 8 in Block 3 Range 11 North of the base line of the City of San Jose, County of Santa Clara, State of California. 1914.

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