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...And your Orators further Showeth
unto your Honor and they expressly charge and aver[?] upon information
and belief That the Tract of and aforesaid was Confirmed by the United States
Land Con[?] under the Act of Congress approved March 3 1851 on the 4th
day of April 1854 unto the said Julio Carrillo and was also confirmed to the
said Julio Carrillo by the Circuit Court of the United States for the Northern
District of California on the 2 day of March 1857 and approve [?] in the
part of the United States on the 27th day of March 1857.
And your Orators further charge and our upon
information and believe that at the time of the confirmation of the United
States authorization of the tract of Land aforesaid to the said Julio Carrillo
at any subsequent period thereafter the said Julio Carrillo has never tendered
a deed for said tract of land to the legal representatives of the said James A.
Cockrill [?] or demanded the balance of the purchase money due in said
contract aforesaid.
And your Orators further
showeth unto your Honor that as we have been informed and Verily believe the
Said Henry Beaver and his grantees and those claiming title under him to wit
Henderson Wilson, James W. Sacrey, C. F. Hannath and Henry W. McGee at the time
they respectfully acquired title to their respective partitions of said tract
of land aforesaid entered into the possession of tract of land aforesaid
entered in the possession of the same and have used and enjoyed the rents and
profits of said Real Estate to the great wrong and injury of your Orators and
that they under an account unto your orators for the same and which your
orators Verily believe are worth the full and full sum of three hundred dollars
per annum that amount being what one half of the whole tract [?] would
be worth.
And your Orators further Showeth unto
your Honor that on the 5th day of June 1866 your Orators [?] and the said
Henderson Wilson, James W. Sacrey, C. F. Hannath and Henry W. McGee the
defendants that have legal title to the Real Estate aforesaid the full sum of
Fifteen hundred and Seventy dollars that being the amount of the principle and
interest all and un[?] upon the share your Orators own in the tract of
land aforesaid. Which they refused to reserve and make a deed to your Orators
for their in[?] in the tract of Land aforesaid and that they still upon
to receive and accept and make a deed to your Orators for the tract of land
aforesaid although your Orators was ready and willing at that time and have
been ready and willing now at all future time to pay the balance of the
Consideration money as aforesaid...
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