CHAPTER II SPANISH AND MEXICAN LAND GRANTS All the tract of country bordering on the bay of San Francisco and on San Pablo bay was divided in 1841 into five great ranches: San Antonio, San Pablo, El Pinole, La Boca de la Canada de Pinole and Acalanes bordering on the Straits of Carquinez. North of Rancho El Pinole was a strip of land known as the northern part of the Canada del Hambre las Polsas Rancho and directly south was the Rancho de los Palos Colorados, embracing all the land between what became known as San Leandro creek on the south and San Pablo bay on the north and the bay of San Francisco on the west and the Cuchilla de los Trampas or Coast Range on the east, being the greater part of what is now Alameda county and the northwestern portion of Contra Costa county. Encircled by the five ranchos named above was an unclaimed or surplus tract (sobrante) which the Castros wished as grazing ground for their vast herds of cattle. Governor Alvarado gave them only a provisional grant to this tract, because the forms of law had not been wholly complied with. In 1852 the Castros employed H. W. Carpentier and John Wilson to perfect their claim to this tract. The board of land commissioners decided that the grant was valid. This decree was issued in 1855 and stood until 1863 when Mr. Carpentier inserted in the decree after the word "between" (the ranchos) the words "or within the exterior boundaries of" (the ranchos above named). This insertion vastly increased the lands of the grants from about 20,000 acres in the sobrante proper to about 75,000 acres and involved the title to the Contra Costa Water Company's water sheds. Many suits and contentions grew out of this case. In August, 1879, the surveyor general decided that the lands applied for by the Castros and provisionally granted by Alvarado and finally confirmed to them by the board of land commissioners was a piece of vacant land between the five ranchos above named. The del Hambre claimants appealed on the ground that the land granted was the surplus which should result from all the five ranchos on the final determination of their boundaries, whether lying between them or some of them, or entirely outside of their respective finally ascertained limits and within the exterior boundaries. In February, 1881, the commissioner of the general land office decided in favor of the del Hambre claimants. This decision gave the confirmees land granted by Mexico and patented to other parties, absorbing about 69,000 acres of the public lands, besides lands listed to the state, portions of which were patented to third parties. There was great resistance to this decision of the commissioner. In February, 1882, Secretary Kirkwood decided the case so that the sobrante was confined to about 20,000 acres between the five ranchos. About this time Judge Crane in the case of Leroy, et al., vs. Hebard, et al., decided that the title of settlers to 2,200 acres in the marsh on the Alameda Encinal was not good, the land having been previously sold by Antoine M. Peralta to Chipman and Ougenbaugh. Most of the grantees were sons of soldiers and had served in the presidial companies themselves. Among the most noted ranchos connected with the history of the county, besides the San Antonio, were Las Pocitas, San Lorenzo, San Pablo, San Leandro, and San Ramon, Valle de San Jose, Las Positas, Canada de los Vaqueros, Santa Rita, Arroyo de la Alameda, El Sobrante. The valleys in the southern portion of Alameda county, including Washington and Murray townships, are now known under the general name of Valley of San Jose, after the mission to which they had belonged as grazing grounds. The first two ranches granted within Alameda county were the San Antonio, upon which Oakland and other towns stand, and Los Tularcitos, situated partly in Alameda county and partly in Santa Clara county, which was given to the ExSergeant Jose Higuera on the 4th of October, 1821, by the first Mexican governor, Captain Luis Antonio Arguello. No more grants were made in the region known as La Contra Costa until 1833, from which year until the end of the Mexican domination, some twenty-seven ranches were founded. On October 18, 1820, Governor Don Pablo Vicente de Sola granted to Don Luis Maria Peralta, a native of Jubec, Sonora, as a reward for distinguished services, a tract of land extending five leagues along the eastern shore of the bay from San Leandro creek to the northwestern line of Alameda county including the present site of Alameda, Oakland, Berkeley and their suburbs and extending back to the hills. The whole rancho was called San Antonio, but later the term Temescal was applied to what is now Oakland. Peralta married Maria Lolereto Alviso and by her had five sons (one of whom apparently died in infancy) and five daughters: Ygnacio, Jose Domingo, Antonio, Maria, Vicente, boys, and Teodora, Trinidad, Josefa, Guadalupe and Maria Luisa, girls. Teodora married Mariano Duarte, Trinidad married Mariano Castro and Maria Luisa married Guillermo Castro. The father did not reside in Alameda county, but spent his time on another rancho in Contra Costa county. At a later date a fine family mansion was built near the foothills of the Contra Costa range on San Leandro creek, which was occupied in common by his sons until 1842, when the estate was divided into four as nearly equal parts as practicable with imaginary but more or less defined lines running from the bay eastwardly to the hills. To Jose Domingo was given the northern tract embracing what is now Berkeley; to Vicente was given the next division to the southward including the present city of Oakland, then called the Encinal de Temescal with its fine grove of oaks. To Antonio Maria was presented the third division further south embracing East Oakland and Alameda; Ygnacio was given the most southerly division on which stood the old homestead that had been long occupied by all in common and there he continued to reside for many years. All this large extent of wild country was occupied alone by the Peralta family for a long period of years. They possessed large herds of cattle and horses, raised grain and fruit, but had for neighbors only the few inhabitants of Yerba Buena (San Francisco) across the bay. In 1851 Don Luis Peralta, the father, died at the great age of ninety-three years leaving a will which made the following provisions concerning his children and his estate: "I leave the house, my residence, in the town of San Jose Guadalupe, with the orchard and fruit trees, all the land which appertains to and belongs to said orchard and all the rest of the land contiguous to the said house, together with the appurtenances of this property, in favor of my two daughters, Maria Josefa Peralta and Maria Guadalupo Peralta, in full ownership and dominion and I encharge these daughters to remain always together in peace and union, enjoying this estate mutually as absolute owners thereof, whereof I declare particularly that everything that is in this house is my property, and as such I leave it to my above mentioned daughters. The picture of St. Joseph and Our Lady Guadalupe being for my said daughter Guadalupe, and the Crucifix and Our Lady of Dolores for my daughter Maria Josefa. I command these two daughters to remain in peace, enjoying the property that I leave herein; but if by marriage or other motive either one of them should wish to separate from the other, then the two may make such agreement as they shall deem fit for this and for any other arrangement of their domestic affairs, or of their property of which they remain. the owners and mistresses and without being disturbed by any person and may they remain always together, the one saving the other as her Guardian Angel, that God our Lord may preserve them from the storms of this world and from all illinclined persons. "As regards the cattle belonging to me, that is to say, horned cattle, I declare that on the marriage of my children, Maria Teodora, Ygnacio, Domingo and Trinidad, to each one were given two cows and calves, by reason of having just commenced the rearing of my cattle, but afterwards they received in gift more cattle as they themselves can say, as they know to speak the truth; also in the year 1831 there were delivered to William Castro two hundred and thirty head of horned cattle, which were the marriage portion of his wife Maria Luisa Peralta, my daughter. Also I repeat again that there have been given to my daughters Maria Teodora and Maria Trinidad, two hundred head of horned cattle and to my son Ygnacio three hundred head of cattle and over and above those which have already been given to my son Domingo, I command that there be given to him one hundred head of cattle; I likewise command that out of the cattle in San Antonio and Temescal that shall be found to belong to me there shall be given two hundred head to each of my daughters Maria Josefa and Maria Guadalupe and the remainder in Temescal shall belong to my son Vicente and the remainder in San Antonio shall belong to my son Antonio Maria and these two brothers shall take charge of the cattle of these two sisters Maria Josefa and Maria Guadalupe. Inasmuch as I have already portioned out to my sons their respective lands, I declare that these lands comprehend all my property of the Rancho San Antonio the title of these concessions and possession are in the hands of my son Ygnacio and which lands I have already divided amongst my sons as a donation inter vivos to their entire satisfaction and which donations by these presents I hereby ratify. "I declare that I owe no man and that Nazared Berryeza owes me Fifteen Dollars. I name as first executor of this my will my son Ygnacio Peralta and my son Antonio Maria Peralta as second executor, that they, aided by the rest, may fulfill all that I have ordained. I command all my children that they may remain in peace, succoring each other in your necessities, eschewing all avaricious ambition, without entering into foolish differences for one or two calves, for the cows bring them forth every year; and inasmuch as the land is narrow, it is indispensable that the cattle should become mixed up, for which reason I command my sons to be friendly and united. I command all my children, sons and daughters, to educate and bring up their children in the holy fear of God, showing them good examples and keeping them from all bad company, in order that our Lord may shower upon them his blessings, the same which I leave to you, in the name of the Father and the Son and the Holy Ghost. I declare that this is my last will and testament dictated by me and written in my presence, read and signed by myself, and by these presents I revoke and annul all and every other will or wills, codicil or codicils, that I may have executed. I declare it or them null and of no value in law or otherwise. In testimony whereof I have hereunto placed my hand this 29th day of April, 1851, in the City of San Jose and in the presence of witnesses that I have called to serve as witnesses of this my last will. James Alex Forbes, } The revolution of 1822 when Mexico threw off Spanish dominion produced not a ripple in California. Everybody yielded obedience to the new power. Manuel Victoria was governor of the territory in 1831-32. He caused a commotion by trying to restrain wrong doing. He was overcome and superceded by Portilla. Upon his defeat and return to Mexico the Californians denounced the authority of Mexico and appointed Pio Pico as governor, but he was not recognized in the northern part of the state and his control was of short duration. He was succeded by Jose Figueroa. While Manuel Micheltorena was governor in 1842. Commodore Jones ran up the American flag and took possession of Monterey, but was forced to yield when he learned his mistake. Pio Pico succeeded Micheltorena and was the last Mexican governor. The first white settlement made within the boundaries of Brooklyn township was by the two brothers Ygnacio and Antonio Maria Peralta, who resided in an adobe house on the banks of the San Leandro creek, but when this residence was constructed is not certainly known, although it may be right to conjecture that it was about the years 1821 to 1825. The lands of this powerful family extended from the above-named stream on the south to San Pablo on the north, and at the foot of the hills the two sons dwelt until the year 1842, when the magnificent estate was parceled out between them, Antonio Maria taking up his residence in Fruit Vale, and Ygnacio continuing in the old homestead. The Peraltas pastured about 5,000 head of cattle on Rancho San Antonio, worth about one dollar a head, but advancing to twenty-five dollars or thirty dollars per head when the beef-loving Americans arrived. Vicente occupied a large adobe dwelling about three and one-half miles north on Telegraph Road-the main road leading to Contra Costa county. Several small adobe houses were near covered with untanned hides and there the vaqueros lived. About the only visitors were mounted caballeros who exchanged horses at the corrals. At the San Antonio rancho in East Oakland was a bull ring where fights took place on Sundays, attended by the padres and laity after the church services. An enclosure with a high fence and with the circle for the raging bull and his tormentors, seats for spectators, pits for bulls and bears and numerous picadores, matadores, banderilleros, etc., on horseback and afoot-marked these early and memorable proceedings. These fights were practiced until 1854 when the Legislature made them unlawful. Don Vicente Peralta married Eucaruacion Galindo who survived him and married Manuel M. Ayola. She was born in the old adobe presidio in San Francisco in 1841 and at the age of sixteen years married Peralta. She died in Oakland January 3, 1892. There were five original claims to the site of Oakland: (1) Peralta title; (2) Squatter's title; (3) Sobrante title; (4) Encinal or Oak Grove title; (5) the Water Front. The main contest was between the squatters and the Mexican grantees, the former having the advantage because they occupied the property and could put purchasers in immediate possession. Those whose claims included the city had it surveyed into streets, avenues, and blocks. They put their lots into market and reaped a splendid harvest from the sales. This gave them extraordinary advantages and incentive to fight. The Peralta claimants felt the power of the squatters most keenly. The town began to grow rapidly and everywhere among the oaks, buildings went up as if by magic. Everybody was buying and building. What did the Peraltas do? They began to sell lots also-made the most of the situation, but could find few buyers. Their enemies had blocked their game by charges that good titles could not be given by the Peraltas, the real owners of the whole. This step for a time stopped building operations, but soon the real estate dealers managed to reconcile the rival claimants and in the end cleared up the situation. The five years after the confirmation of the patent of all the lands in Oakland township to Vicente and Domingo Peralta expired on February 10, 1882. For a few days before that date a flood of suits to quiet titles and to eject tenants were filed in the local courts. The regents of the university brought suit to quiet the title to the university site. In September, 1886, in the land suit of Thomas Rees vs. the Central Pacific Railroad Company, the Department of the Interior decided in favor of the defendant. The suit involved about twenty thousand acres in the El Sobrante claim. The litigation arose over the disputed boundary lines of what was designated as the Mexican private land grants of Laguna de los Palos, Colorados El Sobrante and San Lorenzo. In 1885 the suit of Blum vs. Sunol in San Francisco was decided in favor of the defendant. The case involved seventeen thousand acres, of which two thousand five hundred were in Alameda county in Murray township. Simon Blum in early days was a peddler doing business with the Mexicans in Livermore valley and surrounding country.. They became indebted to him and sold him a certain interest in the lands all of which except one small valley was in the hills and mountains. Subsequently Simon Blum purchased the interests of the heirs, equal to two-fifths of the entire grant. After the confirmation in 1862 by the Government a suit was brought to partition the grant. On this suit Judge Dwinelle decided in favor of the plaintiff, but a new trial was granted and an appeal was taken to the supreme court which sustained the lower court. In 1884 the case was begun anew; the chief ground of the defense being that the instruments executed in 1846 were forgeries. Eden township embraces within its boundaries the lands of five Mexican grants: The Sobrante, which was for so many years in dispute, in the northeast of the township; the Estudillo, or San Leandro, granted October 16, 1842, and patented July 15, 1863; the Castro, or San Lorenzo, on the east, granted February 23, 1841, and patented February 14, 1865; the Soto, or San Lorenzito, on the west, granted October 10, 1842, and patented April 14, 1877; and the Vallejo, or Alameda, on the south, granted August 30, 1842, and patented January 1, 1858. VOL. 1-3 |