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.

 

 

 

 

 

 

 

Pages 31-60

 

pg. 31

 

1881

request, sign our names hereto as attesting witnesses.

Witness: John P. Backesto, William O'Donnell, Residing in the City of San Jose, in the County of Santa Clara, State of California.

 

By this codicil made and executed by me this 29th day of April A. D. 1870 and as a part of the foregoing my last Will and testament I direct that no bond or security be required of my said Executrix for the performance of her said trust.

 

Nicholas Hayes. (Seal)

 

Signed and published by the said testator on this 29th day of April 1870 in our presence and signed by us in the presence of each other and of said testator as witnesses at this request.

J. Alexander Yoell,

David Goodsell.”

 

Apl. 29

Petition of Elizabeth Hewlett Hayes, for probate of will, filed: Shows That Nicholas Hayes died on or about the 17th day of April A. D. 1881 at the City and County of San Francisco, in said State.

 

That said deceased at the time of his death was a resident of the County of Santa Clara in said State of California and left estate in the County of Santa Clara and in the City and County of San Francisco, consisting of real and personal property.

 

That the probable revenue and character of said property are as follows, towit: The real estate in the County of Santa Clara consists of building lots in the City of San Jose, and of about seventy acres of land outside of said City of the aggregate value of $44,000 or thereabouts, and yields an income of about $250 per month. The real estate in the City and County of San Francisco consists of building lots of the value

 

pg. 32

1881

of $10,000 or thereabouts and yields an income of about $50 per month.

 

The personal property consists of 200 shares of the capital stock of the Commercial and Savings Bank of San Jose, of the value of $8000, or thereabouts, one note secured by mortgage valued at $4000 and house hold furniture valued at $100.

 

That the estate and effects does not exceed the value of $75000.

 

That said deceased left a will bearing date the 23rd day of October A. D. 1868 and a codicil thereto annexed bearing date the 29th day of April A. D. 1870, which said will and codicil your petitioner believes and therefore alleges to be the last will and testament of said deceased and which is herewith presented to said Superior Court.

 

That your petitioner is named in said Will as Executrix thereof and is also named therein as sole devisee.

 

That the subscribing witnesses to said will are John P. Backesto and William O'Donnell and the subscribing witnesses to said Codicil are J. Alexander Yoell and David Goodsell all of whom with the exception of David Goodsell who resides in Portland, Oregon, reside in the City of San Jose, in said County of Santa Clara.

 

That said testator died leaving no surviving child or children and the names and places of residence of the next of kin of said testator are unknown to your petitioner.

 

That their last known residences was in Ireland in the Kingdom of Great Britain.

 

Petitioner is the surviving wife of said testator and resides in the City of San Jose in said County of Santa Clara.

 

pg. 33

 

1881

That at the time said will was executed, towit: on the 23rd day of October A. D. 1868 and at the time of the execution of said codicil on the 29th day of April A. D. 1870, the said testator was over the age of twenty one years and was of sound and disposing mind and not acting under duress, menace, fraud or undue influence and was in every respect competent by last will to dispose of all his estate.

 

That said will and codicil are in writing signed by the said testator and attested by said subscribing witnesses, at the request of said testator subscribing their names to the said will and codicil in the presence of said testator and in the presence of each other.

 

Wherefore your petitioner prays that the said will together with the codicil thereto annexed may be admitted to probate and that Letters Testamentary be issued to your petitioner, and that for that purpose said Court appoint a time for providing said will and that all persons interested be notified and directed to appear at the time appointed for proving the same, and that all other necessary and proper orders may be made in the premises.

 

Petitioner will ever pray &c.

Dated April 29, 1881.

(Sgd.) Elizabeth Hewlett Hayes.

 

Apl. 29

Order entered and filed appointing Friday May 13th, 1881, at 2 o'clock P. M. for proving will and granting letters testamentary.

 

That 10 days notice by publication in San Jose Daily Mercury, be made and that copies of the time of said hearing be addressed and mailed to heirs of testator

 

pg. 34

 

1881

at least 10 days before said date.

 

Apl. 29

Notice (May 13, 1881) for hearing probate of will &c., issued by Clerk filed (no affidavit or mailing copy to heir endorsed thereon.)

 

May 13

Affidavit of Chas. M. Shortridge, principal clerk of the San Jose Daily Mercury, a daily newspaper &c. that the Notice of Time set for probate of Will of which the annexed printed slip (marked “A”) is a true copy was published in said newspaper for 12 consecutive days, from the 30th day of April 1881 to the 13th day of May 1881 that is to say, on each and every day Mondays excepted, that being as often during said period as said newspaper was regularly issued.

 

Duly verified.

 

Printed slip “Notice of Time set for probate (May 13, 1881) attached.

 

May 13

Testimony of John P. Backesto, one of subscribing witnesses to will made, certified and filed. Also Testimony of Elizabeth Hewlett Hayes, applicant on probate of will taken and filed.

 

May 13

Certificate of proof of will made, certified and filed.

 

May 13

Order entered and filed admitting will to probate and appointing Elizabeth Hewlett Hayes, Executrix and that Letters Testamentary issue to her without bond, and upon taking oath as required by law.

 

 

***Left Off Here Pages 35 & 36

 

pg. 35

 

1881

May 13

Will Roll filed. Will recorded in Book E of Wills, Page 363.

 

May 13

Letters Testamentary issued to Elizabeth Hewlett Hayes, who duly qualified same date.

 

May 13

Order entered and filed appointing J. Q. A. Ballou, H. Hoffman, and B. Pulverman, appraisers.

 

May 13

Letters of appraisement issued.

 

May 13

Order entered and filed, that notice to creditors be given by publication in San Jose Daily Mercury, a newspaper &c. at least once a week for 4 weeks.

 

May 28

Inventory and appraisement filed, shows Real Estate as follows:

In the City of San Jose Lot 8 Block 3 Range 11 North and improvements $1000 (and other property real and personal.)

 

The whole of estate is common property.

 

Total appraisement $83,282, all appraisers qualified and acting.

 

Aug. 2

Affiavit of Chas. M. Shortridge, principal clerk of the Printers of the San Jose Daily Mercury, a daily newspaper &c. published and printed in the City of San Jose &c.; that the Notice to creditors of which the annexed printed slip marked “A” is a true copy was published in said newspaper for four consecutive weeks from the 14th day of May 1881 to the 14th day of June 1881, that

 

pg. 36

 

is to say, on each and every day, Mondays excepted, that being as often said period as said newspaper was regularly issued.

 

Duly verified and filed, printed slip that creditors exhibit claims within 10 months after first publication at office of D. S. Payne, No. 13 Knox Block, San Jose.

 

Sept . 30

Decree filed, that due and legal notice to creditors has been given.

 

1882

Aug. 11

Final account and petition for distribution of estate filed: Recites: that more than one year has elapsed since the appointment of your petitioner as Executrix and more than 10 months have expired since the first publication of notice to creditors.

 

That no claims against said deceased or against said estate have been presented for allowance or approval.

 

Petitioner further shows that all the debts of said deceased and of said estate and all the expenses of the administration thereof, and all taxes that have attached to or accrued against said estate have been paid and discharged and said estate is now in a condition to be closed:

 

That the residue of said estate now remaining in the hands of your petitioner consists of $1157 in money and the real and personal property which is fully set forth and described in the inventory of said estate made and returned to said Court on the 28th day of May 1881 and which is hereby referred to and made a part of this petition.

 

 

pg. 37

 

1882

That the said Nicholas Hayes died testate in the County of Santa Clara on the 17th day of April 1881, leaving him surviving your petitioner who is his widow and the sole devisee under the last Will and testament which was duly admitted to probate in this Court on the 13th day of May 1881.

 

That your petitioner, Elizabeth H. Hayes is entitled to the whole of the residue of said estate and to the order and decree of this Court setting apart and distributing the same to her.

 

Wherefore your petitioner prays that the administration of said estate may be brought to a close and that she may be discharged from her trust as such executrix. That after due notice given and proceedings had, her said account may be settled and allowed, and that the estate remaining in the hands of your petitioner as executrix as aforesaid may be distributed to her, or that such other or further order may be made as is meet in the premises.

 

Petitioner will ever pray &c.

Dated August 11, 1881.

 

(Sgd.) Elizabeth H. Hayes, Executrix of the Will of Nicholas Hayes, deceased.

D. S. Payne, Attorney for petitioner.

 

Final account attached to petition.

 

Aug. 11

Vouchers filed.

 

Aug. 11

Order appointing Friday Aug. 25, 1882 at 2 o'clock P. M. for hearing settlement of account and distribution of estate: 10 days notice by posting, filed.

 

pg. 38

 

1882

Aug. 14

Notice August 25, 1882, at 2 o'clock P. M. for settlement of account and distribution with affidavit of R. B. Brenham, endorsed thereon, that on August 14, 1882 he posted copies of said notice in 3 public places (naming them) duly verified and filed.

 

Aug. 25

Decree settling account and distribution of estate filed.

 

Said account and petition this day coming on regularly to be heard, proof having been made to the satisfaction of the Court that the Clerk had given notice of the settlement of said account and the hearing of said petition in the manner and for the time heretofore ordered and directed by the Court.

 

And it appearing that said account in all respects true and correct and supported by proper vouchers; that all claims and debts against said decedent; all taxes on said estate and all debts, expenses and charges of administration have been fully paid and discharged, and that said estate is ready for distribution and in a condition to be closed.

 

It is therefore ordered, adjudged and decreed, that said account of said Executrix be and the same is hereby settled, allowed and approved, and that the residue of said estate consisting of the balance of money as shown by said account the personal property as shown by the Inventory and appraisement (sic) of said estate and the real estate hereinafter particularly described, and any other property not now known or discovered which may belong to the said estate or in which the said estate may have

 

pg. 39

 

any interest, be and the same is hereby distributed as follows: the whole thereof to ELIZABETH H. HAYES.

 

The following is a particular description of the real estate referred to in the decree and of which distribution is now ordered as aforesaid.

 

All those certain lots, pieces or parcels of land situate lying and being in the City of San Jose, County of Santa Clara, and State of California, bounded and described as follows, towit:

 

(Parcels numbered 1 to 11 property not under search.) Twelfth: Lot No. eight (8) in Block No. Three (3) in Range No. Eleven (11) North of the base line as laid down upon the official Map of said City and fronting fifty Spanish varas on the Northerly side of St. John Street and fifty varas on the Westerly side of Eleventh Street.

 

(And other property.)

Done in open Court AUG. 25, 1882.

 

Frs. E. Spencer,

Superior Judge.

 

Aug. 25

Final discharge of Elizabeth H. Hayes as Executrix that estate is fully distributed and the trust settled and closed.

 

Frs. E. Spencer, Superior Judge.

 

Certified copy decree of distribution, recorded in County Recorder's office, August 26, 1882, in Book J of Miscellaneous page 151.

 

 

pg. 40

 

Chas. J. Martin

 

with

 

Elizabeth Hewlett Hayes.

 

CERTIFICATE OF MARRIAGE.

 

DATED APRIL 15, 1884.

 

Certificate of P. J. Dowling, Rector St. Patrick's Church, San Jose that on above date, he joined parties mentioned in marriage, in presence of J. Q. A. Bellew and Mrs. J. Q. A. Bellew.

 

License issued by County Clerk same date, annexed.

 

Recorded April 15, 1884.

Book G of Marriages page 619

 

pg. 41

 

Chas. J. Martin

 

with

 

Elizabeth Hewlett Hayes.

 

CERTIFICATE OF MARRIAGE.

 

DATED APRIL 15, 1884.

 

Certificate of Geo. W. Foote, Rector of Trinity Church San Jose, that on above date, he joined parties mentioned in marriage in presence of J. Q. A. Ballou and Mrs. S. E. Foote.

 

License issued same date, annexed.

 

Recorded APRIL 19, 1884.

Book G of Marriages, page 622.

 

 

pg. 42

 

RICHARD SAVAGE and

JOHN EWART SAVAGE

 

to

 

RICHARD H. SAVAGE.

 

DEED.

 

DATED MAY 28, 1884.

Consideration $1.00

 

Grant, bargain, sell and convey unto said party of the second part and to his heirs and assigns forever, all their right, title and interest in and to that certain lot, piece or parcel of land situate, lying and being in the City of San Jose, County of Santa Clara, State of California, known on the plan of said City as Lot 7 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 Books of the Recorder of Santa Clara County.

 

Acknowledged MAY 28, 1884.

Before Chas. T. Stanley, N. P.

City and County of San Francisco.

 

Recorded MAY 29, 1884.

Book 73 of Deeds, page 463.

 

pg. 43

 

LINCOLN EWARD SAVAGE

 

to

 

RICHARD H. SAVAGE.

 

DEED.

 

DATED JANUARY 7, 1885.

Consideration $1.00

 

Grant, bargain, sell and convey unto the said party of the second part, and to his heirs and assigns forever, all his right, title and interest in and to that certain lot, piece or parcel of land situate, lying and being in the City of San Jose, County of Santa Clara, State of California, known on the plan of said City as Lot 7 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.

 

(Sgd.) Lincoln Ewart Savage. (Seal)

 

Acknowledged JANUARY 7, 1885.

By Lincoln Ewart Savage,

Before Henry M. McGill, N. P.

City and County of San Francisco.

 

Recorded JANUARY 9, 1885.

Book 76 of Deeds, page 419.

 

pg. 44

 

RICHARD HENRY SAVAGE

 

to

 

ANNA JOSEPHINE SAVAGE.

 

DEED.

 

DATED AUGUST 16, 1886.

Consideration $1000.

 

Grant, bargain, sell, convey and confirm unto the said party of the second part, and to her heirs and assigns forever, all that certain lot, piece or parcel of land, situate, lying and being in the City of San Jose, County of Santa Clara, State of California, and bounded and particularly described as follows, towit:

 

All of 100 vara lot known on the City Map of San Jose, as Lot 7 Block 3 Range 11 North.

City and County of San Francisco.

 

Acknowledged AUGUST 18, 1886.

Before John E. Hamill, N. P.

City and County of San Francisco.

 

Recorded August 19, 1886.

Book 85 of Deeds, page 427.

 

pg. 45

 

ELIZABETH H. MARTIN,

formerly Elizabeth H. Hayes, and her husband,

CHARLES J. MARTIN,

 

to

 

JAMES R. GARNISS.

 

DEED.

 

DATED MAY 7, 1889.

Consideration $10.

 

Remise, release and forever quit claim unto the said party of the second part, and to his heirs and assigns, all that certain lot, piece or parcel of land situate, 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 in Range 11 North of the base line according to the official Map of the said City of San Jose.

 

Acknowledged MAY 7, 1889.

Before H. F. Dusing, N. P.

 

Recorded MAY 7, 1889.

Book 115 of Deeds, page 467.

 

 

pg. 46

 

RICHARD HENRY SAVAGE and

ANNA JOSEPHINE SAVAGE, his wife,

 

to

 

JAMES R. GARNISS.

 

DEED.

 

DATED MAY 20, 1889.

 

Consideration $10.

 

Grant, bargain, sell and convey unto the said party of the second part, and to his heirs and assigns forever, all that piece of ground in the City of San Jose, and County of Santa Clara, as Lot 7 Block 3 Range 11 North of the base line in the City Survey of the City of San Jose, in the County of Santa Clara, and State of California on the corner of Tenth and St. John Street and being 137' 6” x 137' 6” fronting 137' 6”on each of the aforesaid streets being the North East corner of said Streets, said property having been granted by Chas. White to Chas. S. Woods on November 6, 1848, under the designation of lot No. 7 Block 3, Range 11 North (with other property unaffected by this deed.)

 

Acknowledged May 20, 1889.

Before W. F. Swasey, N. P.

City and County of San Francisco.

 

The following affidavit is hereunto annexed and forms part of record.

 

“San Francisco, California, U. S. of A. May 20, 1889. Richard Savage of Alameda, County of Alameda and State of California, being duly sworn deposes and says: 1. That he is the Father of Richard Henry Savage, John Ewart Savage and Lincoln Ewart Savage, all of the City and County of San Francisco, and State of California.

2. That his said sons are the issue of deponents marriage with

 

pg. 47

 

Jane M. Savage (deceased) Sept. 8, 1880.

3. That himself and his aforesaid three sons are the direct and only legal heirs of the aforesaid Mrs. Jane M. Savage, and that there are no other children and no heirs of any kind (within the degree aforesaid referred to of husband and children of the marriage of himself and the aforesaid Mrs. Jane M. Savage, (deceased).

 

(Sgd,) Richard Savage”

 

Subscribed and sworn to May 20, 1889.

Before W. F. Swasey, N. P.

City and County of San Francisco.

 

Acknowledged May 20, 1889.

By Richard Savage,

Before W. F. Swasey, N. P.

City and County of San Francisco.

 

Recorded May 21, 1889.

Book 113 of Deeds, page 560.

 

Note: No estate of Jane M. Savage probated in this County.

(Searcher.)

 

pg. 48

 

Note:

On May 9, 1889, an action in ejectment was commenced in the Superior Count of Santa Clara County, California, by Henry McLean vs Richard H. Savage and Anna J. Savage, and describes Lot 7 Block 3 Range 11 North of base line, City of San Jose. On May 21, 1889, a dismissal was entered and filed.

 

“This action is hereby dismissed this May 21st, 1889.

W. G. Lorigan

Attorney for Plaintiff. “

Cause No. 8334

Reg. M page 426.

Dept. 2.

 

pg. 49.

 

NOTE:

On June 1, 1889, an Action was commenced in the Circuit Court of the United States 9th Circuit Northern District of California, wherein Jane M. Teall et al., were plaintiffs and Mary Slaven et al. were defendants including Anna J. Savage and Elizabeth H. Martin. Said Action was brought to obtain an interest in certain property, (including premises under search.)

 

After due proceedings had judgment was rendered in Supreme Court of the United States at Washington in favor of defendants on May 6, 1895.

 

 

pg. 50

 

JAMES R. GARNISS and

JULIA R. GARNISS, his wife,

 

to

 

MARY McLEAN (widow.)

 

DEED.

 

DATED DECEMBER 26, 1894.

 

Consideration $10.

 

Grant, bargain, sell, convey and confirm unto the said party of the second part, and to her heirs and assigns forever, all that certain lot, piece or parcel of land situate, 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 7 in Block 3 Range 11 North of the base line according to the official Map of the said City of San Jose, the same forming the North East corner of Tenth and St. John Street _ and fronting on each of said Streets 137 feet 6 inches.

 

Acknowledged DECEMBER 26, 1894.

Before Chas. E. Kelly, N. P.

City and County of San Francisco.

 

Recorded DECEMBER 27, 1894.

Book 174 of Deeds, page 280.

 

pg. 51

 

JAMES R. GARNISS and

JULIA R. GARNISS, his wife.

 

To

 

MARY McLEAN, widow.

 

DEED.

 

DATED DECEMBER 26, 1894.

 

Consideration $10.

 

Grant, bargain, sell, convey and confirm unto the said party of the second part, and to her heirs and assigns forever, all that certain lot, piece or parcel of land situate, 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 according to the official Map of the said City of San Jose, the same forming the North West corner of Eleventh and St. John Street _ and fronting on each of said Streets 137 feet 6 inches.

 

Acknowledged DECEMBER 26, 1894.

Before Chas. E. Kelly, N. P.

City and County of San Francisco.

 

Recorded DECEMBER 27, 1894.

Book 174 of Deeds, page 282.

 

pg. 52.

 

MARY McLEAN of the City and County and State of New York. (Widow)

 

to

 

EVELINE A. GRIGGS of the same place.

 

DEED.

 

DATED JULY 26, 1897.

 

Consideration $1.00 and other valuable considerations.

 

Grant, and release unto the said party of the second part her heirs and assigns forever, all that certain lot, piece or parcel of land situate, 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 7 in Block 3 Range 11 North of the base line according to the official Map of the said City of San Jose, the same forming the North East corner of Tenth and St. John Streets and fronting on each Street 137 feet 6 inches.

 

Also all that certain lot, piece or parcel of land situate lying and being in the City of San Jose, County of Santa Clara, and State of California and adjoining and connected with the above described lot, bounded and particularly described as follows, towit:

 

Lot 8 in Block 3 in Range 11 North of the base line, according to the Official Map of the said City of San Jose, being the North West Corner of Eleventh and St. John Streets and fronting on each of said Streets 137 feet and 6 inches being the lots, pieces or parcels of land convey _ to the party of the first part by James R. Garniss and Julia R., his wife, both of the City and County of San Francisco, and State of California, December 26, 1894 and recorded in County Clerks office of Santa Clara County on the 29th day of Dec. 1894 in Book 174 _ pages 280 & 282.

 

pg. 53

 

To have and to hold unto said party of second part, etc.

 

And the said Mary McLean party of the first part does covenant with said party of the second part as follows:

 

First: that the aid Mary McLean, party of the first part is seized of the said premises in fee simple and has good right to convey the same.

 

Second: that the party of the second part shall quietly enjoy the premises.

 

Third: that the said premises are free from incumbrances. (sic)

 

Fourth: that the party of the first part will execute or procure any further necessary assurance of the title to said premises.

 

Fifth: that the said Mary McLean, party of the first part will forever warrant the title to said premises.

 

Acknowledged JULY 26, 1897.

Before Henry Moore, N. P.

County of New York, New York.

 

Certificate of Henry D. Purrey Clerk of the City and County of New York as to official capacity of Henry Moore, N. P. and genuineness (sic) of signature, hereunto attached.

 

Recorded AUGUST 10, 1897.

Book 198 of Deeds, page 548.

 

pg. 54

 

EVELINE A. GRIGGS

of the City, County and State of New York

 

to

 

EVELINE DU BOIS

of the same place.

 

MORTGAGE.

 

DATED DECEMBER 21, 1897.

 

Whereas the said party of the first part is justly indebted to the said party of the second part in the sum of $8000 secured to be paid by her certain bond or obligation bearing even date herewith conditioned for the payment of said $8000 on the first day of March 1898 and the interest thereon, to be computed from the date thereof at the rate of 6% per annum (sic) and to be paid at maturity of this Indenture.

 

Conveys same premises as described in deed preceding.

 

ACKNOWLEDGED DECEMBER 21, 1897.

Before T. B. Breen, N. P.

New York, County of New York, State of New York.

 

RECORDED MARCH 12, 1898.

(at request of W. H. Munday.)

Book 145 of Mortgages page 522.

 

Satisfied in full by written release executed and acknowledged August 30, 1900 by Eveline A. Du Bois and recorded March 8, 1906 in Book X releases of mortgages page 381.

 

pg. 55

 

EVALINE A. GRIGGS

by Tax Collector

 

to

 

STATE OF CALIFORNA.

 

TAX SALE.

 

DATED JUNE 27, 1899.

 

For Non-Payment State, County and City taxes for fiscal year 1898-99 sells Lots 7 and 8 B. 3 R. 11 N. in City of San Jose to State of California, for $114.77.

 

Recorded AUGUST 12, 1899.

Book 15 of Tax Sales, page 17.

 

pg. 56

 

EVELINE DU BOIS by

Wm. J. January, Tax Collector

 

to

 

STATE OF CALIFORNIA

 

TAX SALE.

 

DATED JUNE 27, 1901.

 

Consideration $113.13

 

For non-payment State, County and City taxes for fiscal year 1900-1901 sells mortgage interest of Eveline Du Bois in Lots 7 & 8 B. 3 R. 11 N. to State of California.

(Property of Evaline A. Griggs.)

 

Recorded JULY 31, 1901.

Book 19 of Tax Sales, page 12.

 

 

 

pg. 57

 

EVALINE A. GRIGGS by

Wm. A. January

Tax Collector of the County of

Santa Clara, State of California,

 

to

 

STATE OF CALIFORNIA.

 

DEED.

 

DATED JULY 25, 1904.

 

Consideration $114.14

 

WITNESSETH: That Whereas, it is true that at the time of the levy, publications and sale hereinafter mentioned Wm. A. January was the Tax Collector of the County of Santa Clara, State of California; that by virtue of and in conformity with the provisions of the Political Code of the State of California, levy was duly made according to the law upon the property, of which description is first hereinafter given, for taxes due to the State of California, and to the County of Santa Clara for the year 1898, together with the costs and charges due thereon: that said property was assessed according to law in the year A. D. 1898, for the year 1898 at Forty two hundred and sixty Dollars to Evaline A. Griggs and the same liable and subject to taxation; that said taxes were leived (sic) upon said property; and its value was equalized as required by law. That the amount of the tax so levied on said property was the sum of One hundred and one and 60/100 Dollars as follows: for County purposes, the sum of $26.04, for City of San Jose purpose, the sum of $54.74; for State purpose the sum of $20.49.

 

That the amount of said tax was segregated into installments in accordance with law, and the costs and charges which have since accrued thereon amount to the further sum of $13.17.

 

Pg. 58

 

That said taxes were not and had not been paid, and at the time of sale herein mentioned still remained wholly due and unpaid.

 

And Whereas, said Wm. A. January as Tax Collector aforesaid did, on the third Monday in May 1899 deliver to the Auditor of the County of Santa Clara a complete Delinquent List of all persons and property then owing taxes in said Santa Clara Co. to the State of California, and to the County of Santa Clara, together with the costs, penalties and charges due thereon, which List included the property first hereinafter described: that publication of the intention to sell for said taxes, penalties, costs and charges was made as provided by law, and in said publication, which was entitled “The Delinquent Tax List for 1898,” was given the names of the owners, when known, of all the real estate described in said List, together with such a condensed description of such real estate that it could have been easily known, and also a similar condensed description of such real estate assessed to unknown owners, and also the names of every party delinquent for any tax on personal property, and also opposite each name or description the amount of taxes including penalties, costs and charges as provided by law, due from each delinquent person or property with the taxes on personal property the delinquent State, Poll, Road and Hospital Tax, the taxes due each school, Road or other lesser taxation district added to the taxes on real estate, where real estate was liable therefor or where the several taxes were due from the same person, and said publication was made by one insertion one time per week for three successive weeks in “The San Jose Daily Herald” a newspaper published in the County of Santa Clara towit: at the City of San Jose therein: and said insertions were made and published, one on the 5th day of June 1899, one on the 12th day of June 1899 and one on the 19th day of June 1899, and one on the 26th day of June 1899 and said publication

 

pg. 59

 

did designate the day and the hour when the property would by operation of law be sold to the State which sale (towit: upon the 27th day of June 1899, at the hour of 10 o'clock A. M. of said day) was not less than twenty-one nor more than twenty-eight days from the time of the first publication of said delinquent notice, and did designate the place of said sale which place so designated was in the Tax Collector's Office of said Santa Clara County.

 

That there was appended and published with said Delinquent List, a notice that unless the taxes delinquent, together with the costs and penalties, were paid, the real property upon which such taxes were a lien would be sold.

 

That on the day and hour fixed for the sale towit: on the 27th day of June 1899 at the hour of 10 o'clock A. M. in the Tax Collector's Office of said County of Santa Clara, State of California all the property assessed and delinquent as aforesaid situate, lying and being within the County of Santa Clara, State of California, and described thus: In the City of San Jose, all of L 7 and 8 B 3 R 11 N was by operation of law and the declaration of said Tax Collector sold to the State of California, as purchaser in pursuance of law in such cases made and provided to pay said taxes of every kind charged against said property, together with the penalties, costs and charges due thereon, towit: the sum $114.77 whereby the State of California became the purchaser of the above described piece or parcel of land so sold as aforesaid that the said real estate last aforesaid was sold for taxes and subject to redemption, pursuant to the Statute in such cases made and provided.

 

And Whereas no person has redeemed the property aforesaid during the time allowed by law for its redemption towit:  --five years from date of sale thereof to the State of California.

 

And Whereas the certificate of sale stated that unless the said real estate was redeemed within five years from the date of the sale to the State the purchaser thereof would be entitled to a

 

 

 

pg. 60

 

deed thereof on the 28th day of June 1904, that said certificate of Sale bears date the 27th day of June 1904 the day of said sale.

 

And whereas the time towit: five years for redeeming said property expired on the 28th day of June 1904 and the same has not been redeemed nor any part thereof.

 

Now Therefore this Indenture Witnesseth That in consideration of the premises and the sum of $114.77 I, Wm. A. January as Tax Collector aforesaid by virtue and in pursuance of the Statutes in such cases made and provided, have granted, bargained , sold, conveyed and confirmed and by these presents, do Grant, bargain, sell and convey and confirm unto the aforesaid The State of California all those lots, pieces or parcels of land so sold and hereinbefore and last described in this Deed, as fully and absolutely as I, as Tax Collector aforesaid may or can lawfully sell and convey the same.

 

Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, as well in law as in equity.

 

To Have and to Hold all and singular the hereinbefore and last mentioned and described premises together with the appurtenances thereof, unto the said State of California the said party of the second part and to its assigns forever.

 

(Sgd) Wm. A. January, Tax Collector of the County of Santa Clara.

 

ACKNOWLEDGED JULY 25, 1904.

By Wm. A. January, as Tax Collector

Before H. A. Pfister, Co. Clerk.

By Wm. T. Aggeler, Deputy Clerk.

 

RECORDED JULY 25, 1904.

Book 3 Tax Deeds page 44.

 

 

 

 

 

 

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.

© 2013 Jeanne Sturgis Taylor.

 

 

 

 

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