USA > California > Alameda County > Past and present of Alameda County, California, Volume I > Part 4
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HISTORY OF ALAMEDA COUNTY
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 ios 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 Ex- Sergeant 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 includ- ing the present site of Alameda, Oakland, Berkeley and their suburbs and ex- tending 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 con- tinued 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 Guada- lupe, 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
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HISTORY OF ALAMEDA COUNTY
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 par- ticularly 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 ill- inclined 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
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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, -
Podre Juan Nobile, Demo Damco,
Witnesses.
Luis Ma. Peralta. (Seal)"
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 suc- ceded 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 dol- lars 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 cov- ered with untanned hides and there the vaqueros lived. About the only visitors were mounted caballeros who exchanged horses at the corrals. At the San An- tonio 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, banderil- leros, etc., on horseback and afoot-marked these early and memorable pro- ceedings. 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
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HISTORY OF ALAMEDA COUNTY
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 every- where 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 Oak- land 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 par- tition 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 Feb- ruary 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 Val- lejo, or Alameda, on the south, granted August 30, 1842, and patented January 1, 1858.
1 01. 1-3
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HISTORY OF ALAMEDA COUNTY
The first settlement in Eden township was made in the year 1836, by Don Jose Joaquin Estudillo, who was a Californian by birth. On January 8, 1836, he petitioned the Constitutional Governor of the Department of California for a grant in the said department known as the Arroyo de San Leandro, but this document having either been lost or mislaid, a second petition was forwarded to that official on June 28, 1842, in which Senor Estudillo states that "in order to procure his subsistence and enable himself to support his large family, con- sisting of a wife and ten children, after having served in the army seventeen years, four months, and seven days, on January 8, 1837, he petitioned for the tract of land known by the name of Arroyo de San Leandro, containing four square leagues from east to west, and having obtained from Your Excellency, who extends a generous and protecting patronage towards the inhabitants of this land, permission to settle himself and continue his labors; meanwhile the proper legal proceedings thereupon should be concluded, which he has accord- ingly done," etc. In view of the petition Don J. J. Estudillo was declared by Governor Alvarado to be the owner in property of the part of the tract of land known by the name of "San Leandro," bounded "on the north by the Arroyo of San Leandro; on the east by the places where the waters from the springs on the lands which the Indians who are now established there occupy, waste them- selves; thence on the south side, in a direct line to the Arroyo of San Lorenzo, without embracing the lands which the said Indians cultivate; and on the west by the bay."
The Estudillo family thus had lived on the land which was afterwards granted to them for a considerable number of years. In 1837 Senor Estudillo built a house ยท about two miles from the town of San Leandro, on the creek of that name, towards the lower part of the land. He afterwards moved farther up the creek, where the town of San Leandro now stands, about three-quarters of a mile from the site of his original location.
On January 14, 1840, the Governor of California made the following order : "Don Guillermo Castro can establish himself upon the place called San Leandro, on the parts towards the hills, without passing beyond the line from north to south, formed by the springs on said place, not being permitted to make his fields in whatever part of the land of 'San Leandro;' this concession being under- stood provisionally until the governor may settle the boundaries which belong to Senor Jose Estudillo, who is actually established on the said site, and with- out prejudice to the Indians living thereon." This was the second settlement in Eden township. He built his residence where now is the town of Haywards.
The next Hispano-Mexican family to locate was that of the Sotos, who built their adobe residence on a part of the Meek estate, where the house stood for many years, but was eventually razed to the ground, its position being about half a mile southeast from Haywards.
Prior to the settlement of these families the district was occupied by the cattle of the Mission of San Jose, and, from the year 1829, had in certain portions been in the possession of Christianized Indians of that establishment. In 1841 or 1842 there was an Indian named Sylvester, on the San Leandro Rancho, who had residing with him, besides his own family, his brother Annisetti. They occupied an adobe house built by Don J. J. Vallejo, who was administrator of the Indians, and had some three or four acres under cultivation, chiefly water-
THE OLD CASTRO ADOBE HOUSE, HAYWARD Taken prior to 1850
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HISTORY OF ALAMEDA COUNTY
melons and corn, the ground for which they turned up with sticks. Besides these there were others on the different ranchos. A Californian named Bruno Valen- cia, dwelt under permission of Estudillo and Castro on the bank of the San Lorenzo, not far from the bay. There was a so-called road through this terri- tory to San Jose, which had three crossings over the San Lorenzo: the Paso Viego, the Paso del Ramedero, and the Pasa del Puente. At the first of these during the summer months the Indians were wont to camp in a grove of willows and sycamores.
Don Jose Joaquin Estudillo died June 7, 1852. During his life he filled many high offices in the gift of the Mexican government. In his last will and testament, which bears date April 4, 1850, he declared that he was married in the year 1824 to Donna Juana Maria Del Carmon Martinez at the presidio of San Francisco, by whom he had six sons and five daughters. Of these nine were alive at the time of his death. Upon the establishment of the county seat at San Leandro, they made many concessions toward retaining it there; their residence was at one time occupied as the courthouse. Guillermo Castro, having lost his possessions, went to South America, and there died. His son, Luis Castro, after- ward gained prominence as county surveyor of Alameda. These were the only residents in Eden township before 1849.
The Mexican grants, wholly or partly in Murray township, consist of the San Ramon, four square leagues and 1,800 varas, granted to J. M. Amador in 1835; confirmed by the commission, August 1, 1854; and by the dis- trict court, January 14, 1857; extent in acres 16,516.96. The Santa Rita granted April 10, 1839, to J. D. Pacheco; rejected by the commission April 25, 1854; confirmed by the district court August 13, 1855; and decree affirmed by United States supreme court ; 8,885.67 acres. El Valle de San Jose, granted to Antonio Maria Pico, April 10, 1839; confirmed to Antonio Sunol et al., by commission January 31, 1854; by the district court January 14, 1856; 51,572.26 acres. Las Pocitas, two square leagues, granted April 10, 1839, to Salvio Pacheco; con- firmed by commission to Jose Noriego and Robert Livermore, February 14, 1854, and by the district court February 18, 1859. Canada de los Vaqueros (mostly in Contra Costa county) granted February 29, 1842, to Francisco Alviso, et al., confirmed to Robert Livermore by commission, September 4, 1855, and by the district court December 28, 1857. The Rancho Canada de los Vaqueros, the four league rancho, was partly in each of Alameda and Contra Costa counties. Their herds roamed over this rancho until some time in 1847 when the property was sold to Robert Livermore and Jose Noriego for the consideration of 300 heifers. In December, 1857, this grant was confirmed to Livermore and Noriego by the United States Government. In September, 1852, Livermore and his wife-Josefa Higuera Livermore-deeded to their several children one- half of the rancho, known then as the Rancho de Positas Poza Vaqueros. At the same time they gave to their children, 3,000 head of horned cattle and 300 head of tame cows, fifteen head of yoking cattle and forty tame horses. Later portions of the rancho passed to Etien Garat, Pedro Altuba, Luiz Perez, P. Dupre, William Akenhead, Juan Sunol and Noble Hamilton. Sunol was a physician and known as Senor Don Juan Sunol.
The exact boundaries of Las Pocitas grant were not fully defined until a few years after the cession of California to the United States. It was pro-
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HISTORY OF ALAMEDA COUNTY
vided in the grant that if the land within certain limits should exceed two leagues, the surplus should be and remain public lands of Mexico and in this state the tract passed to the United States. In 1853 the grant was confirmed by the land commissioners and in 1859 by the district court, and in 1861 an appeal was taken to the supreme court. The tract was resurveyed in 1865 and was found to contain 43,011 acres or nearly ten leagues instead of two. This survey was approved by the surveyor general in 1867. Later a new survey was ordered and the two leagues were exactly measured and patented June 6, 1871. By this survey the contested lands of section 24 were excluded and became United States public lands. In 1870, Messrs. Doyle, Bales, Pratt and Carr preempted the lands and filed their claims June 28, 1871. The state also filed on these lands under the school lien land law. Carl Schurz, of the interior de- partment, listed the lands, about twelve thousand acres, to the state, but made the proviso that if there were adverse claims the land should not go to the state. The rights of the preemptors were recognized in the courts, whereupon the set- tlers paid $16,000 for the lands and received patents therefor. In 1877 there came an adverse order from Washington cancelling these claims and evicting the settlers and handing the lands to the state. From this action the settlers appealed in 1886. They claimed that the secretary of the interior had no power to make the cancellation.
Rancho Los Ceritos was granted by the Mexican government to Thomas Pacheco and Augustin Alviso. In 1853 these lands were covered with Spanish or wild cattle attended by vaqueros, but soon the squatters took possession under what was called "possessory law" and commenced farming operations and raised large quantities of barley, wheat, potatoes and onions. It was at this time that the herds of cattle began to thin out and their hides and carcasses could be found in the markets of San Francisco without the consent of the owners. Mr. Vallejo estimated that his losses in six months by this agency amounted to $50,000. Niles and Mount Eden were on the Vallejo rancho-Rancho Arroyo de la Alameda which contained upwards of seventeen thousand acres. So were Union City and Alvarado on Ceritos Rancho. John M. Horner's steamer plied regularly twice or thrice a week from Union City to San Francisco. .
In 1862 the Mexican government sent emissaries among the rich Castilian landowners in California to borrow money. Don Augustine Alviso, the old Castilian landowner of the Rancho Los Ceritos, and founder of the village of Alviso, loaned General Vallejo in this connection the alleged sum of $69,000 at the time Emperor Maximillian was striving to get control of the government there, upon condition that the Mexican government would pay him $200,000 in return for the money and its use. In the eighties a representative of the Alviso estate was sent to Mexico to arrange for a settlement of the account; but those who sent him made no statement of what had been collected. As a result Guad- aloupe Alviso, in 1897, commenced at Oakland, proceedings for an accounting to learn particularly what had become of the Mexican claim. It was shown in court that nothing yet had been received from Mexico on the claim. There was a dispute at this time over the claim between George and Valentine Alviso. The old Don died poor in 1880, but left several heirs.
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