GILROY
owners of record in town. One result of
the settlement was to separate out those not
holding legal title to property, and establish-
ing clear legal ownership of those who did.
Numerous attorneys, some from out of
state, joined in the suit. Three men who
owned lots along Monterey Street also
joined in: William Hoover, Dr. F.S. Rogers,
and James Zuck. Mr. P.F. Hoey, a teacher
who had studied law, offered to defend
cash-strapped town claimants at a group
rate. To add to the confusion, a rash of
pretenders flocked into town, eager for a
piece of the action.
As the partition suit dragged on,
Judge Belden of the 20th District Court
appointed three commissioners to research
titles. After evidence was introduced to
determine who was to be granted title,
and in what proportion, an interlocutory
decree was issued. Three referees surveyed
and appraised the lots and subdivisions.
Finally, the tenant paid the value of the lot
into the court and thus gained title. Those
not paying relinquished the lot, which
was then sold at public auction. Although
lengthy, the measures guaranteed that no
one else other than the owner could claim
the property.
The partition suit was finally
concluded in 1887. By then, citizens were
assured that clear title to their land was
confirmed. As a follow-up measure, three
Trustees were appointed to continue over-
sight of the rulings.
In the end, the action itself had long-
lasting effects in the state. Today, experts
claim the Las Animas Partition Suit set
the land title laws that are still used in
the State of California.
GILROY • MORGAN HILL • SAN MARTIN
JANUARY/FEBRUARY 2016
ENCARNACIÓN ORTEGA SANCHEZ
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