In the District Court of the Seventeenth Judicial District of the State of California, in and for the County of Los Angeles

Case Number 4706

H.M. Newhall, Plaintiff
vs.
D.W. Alexander, executor of the last will and testament of Adam Malezewski, deceased, A.J. Kraszynski, John Hunsicker, Elzbieta Zazlawski, D.W. Alexander, Trustee, D.W. Alexander, Marta Alexander, Josefa Murat, Andria Murat, last two being daughters of Francisvek Murat, and George R. Dille, Defandants

JUDGEMENT

All the parties defendant herein, having been regularly served with the summons issued herein and the defendants John Hunsicker, Elzbeita Zazlawski and George R. Dille having failed to appear, answer or demur, and the said defendant A.J. Kraszynski having appeared and demurred to the complaint, and the demurrer having been submitted to and over ruled by the court, and notice of the over ruling having been given as required by law, and the time for answering having expired, and no answer having been filed or made and the default of the defendant A.J. Kraszynski, as well as of the other defendants, John Hunsicker and Elzbeita Zazlawski, having been regularly entered, and this action having been dismissed as to the defendant George R. Dille, now deceased, this action came regularly on for trial and having this the 26th day of May, A.D. 1879, upon the pleadings herein, the defendants Josefa Murat, Andrie Murat, appearing by their guardian ad litem R.G. Chapman, Esqr. and the defendant Marta Alexander appearing by her guardian ad litem E.M. Ross, Esqr., both of which guardians were heretofore regularly appointed by this court, and all the other defendants herein, the plaintiff appearing by their respective attorneys this cause was tried by the court, sitting without a jury, a jury having been waived, and the court having heard proof sufficient to enable it to decide the case, and it appearing to the satisfaction of this court that due notice of the pendency of this action was filed and recorded in the office of the County Recorder of said Los Angeles County, on the 24th day of September, A.D. 1878, the time of filing the complaint herein, said notice containing the names of the parties to and the object of the action, title of the court, and a description of the property affected thereby; the evidence having been closed and the cause submitted to the court for consideration and decision and findings of fact having been expressly waived by consent of all parties appearing, which consent ws given in open court and entered in the minutes, and the court having rendered and filed its decision in writing, and ordered judgment in favor of the plaintiff and to the effect and in the manner and form following:

Now therefore, it is ordered, adjudged, decreed and determined that there is now due to the plaintiff herein, upon the debt and mortgage set forth in the complaint, the principal sum of two thousand dollars in gold coin of the United States, with interest theron to the date hereof, now amounting to the further sum of two thousand and eighty-five 90/100 dollars, in like gold coin and together with the further sum of one hundred and ninety-two 50/100 dollars, in like coin, as attorney's fees and also the further sum of ninety-nine 35/100 dollars, in like coin as costs of this suit; all of said sum amounting in the aggregate to the amount of four thousand three hundred and seventy-seven 75/100 dollars, in gold coin of the United States, and that the same bear interest from the date hereof at the rate of seven per cent per annum.

It is further ordered, adjudged, and decreed that all and singular the mortgaged premises mentioned in the said complaint and hereinafter described or so much thereof as may be necessary to raise the amount so found to lie due to the plaintiff on said debt and mortgage as above state and cast in the suit, taxed as aforesaid and expenses of sale be sold at public auction, by or under the direction of the Sheriff of the County of Los Angeles, where said mortgaged premises are situate; that said sale be made in said Los Angeles County; that the said Sheriff give public notice of the time and place of such sale, according to the course and practice of this court, and the law relative to the sales of real estate under execution and that the plaintiff, or any of the parties to this suit, may become the purchaser at such sale. That the said Sheriff out of the proceeds of said sale retain his fees, disbursements, and commissions on said sale and pay to the plaintiff or his attorneys of said proceeds the amount so found due as aforesaid to wit: the said sum of $4,377 75/100, in gold coin of the United States. together with interest thereon at the rate aforesaid, from the date of this decree, or so much thereof as the said proceeds of sales will pay of the same and that the said Sheriff take receipts for the amount so paid, and return the same to this court with his report of sale and that he bring the surplus moneys arising from said sale, if any there shall be, into court within five (5) days after such surplus have been received and shall be ascertained to abide the further order of this court.

That the defendants D.W. Alexander, as executor of the last will and testament of Adam Malezewsli, deceased, A.J. Krasynski, John Humsicker, Elzbieta Zazlawski, D.W. Alexander, Trustee, D.W. Alexander, Marta Alexander, Josefa Murat, and Andria Murat and each of them and all persons claiming or to claim from or under them or either of them, and all persons having liens subsequent to said mortgage and all persons claiming under them, and all persons claiming to have acquired any estate or interest in said premises subsequent to the filing of said notice of the pendency of this action with the Recorder as aforesaid, be forever barred and foreclosed of and from all equity of redemption and claim of in and to said mortgaged premises, and every part and parcel thereoff, from and after the delivery of said Sheriff's deed.

And it is further ordered, adjudged, and decried that the purchaser or purchasers of said mortgaged premises at such sale be let into possession thereof on production of the Sheriff's deed for such premises, on any part thereof.

And it is further ordered, adjudged, and decreed that the siad sale be made for gold coin of the United States and that the amound found due to the plaintiff, at the time of such sale as above stated to the said plaintiff or his attorneys in like coin.

The following is the discription of the real property described in said mortgage and in said complaint, and herein before referred to and by this judgment and decree authorized and directed to be sold, that is to say; All that certain tract, piece or parcel of land situate, lying and being in the said County of Los Angeles, State of California, and being a part of the Rancho San Francisco, as finally confirmed to Jacoba Felis et al, and surveyed in December 1859 by Henry Hancock, U.S. Deputy Surveyor, which part is bounded and particularly described as follows: Beginning at an oak tree, about thirty six inches in diameter, on the East side of the Road in the San Fernando Pass marked with a large cross on its Western side, and with "L1" on its Northern side, and distant about half a mile in a northerly direction from Station No. 5 of said Hancock’s Survey, and running thence North 77 degs. West twenty four 65/100 chains to a point; thence North 22 degs. 46 min. West twenty one 28/100 chains to a point; thence North 10 degs. 13 min. East fifty four 48/100 chains to Station four (4) from which an oak tree marked BT3 in a small canyon bears South 75 degs. 52 mins. East two 54/100 chains; thence North 79 degs. 48 mins. West, twenty four 79/100 chains to a sycamore tree marked No. 4, at the head of a small canyon; thence North 38 ½ degs. East forty chains to station from which an oak tree marked BT5 bears South 38 ½ degs. West seven 95/100 chains; thence South 48 degs. 02 min. East fifty three 18/100 chains to a point marked No. 6; thence North 86 degs. East six 04/100 chains to a small sycamore tree, marked No. 7; thence South 8 degs. East ten 41/100 chains to post marked No. 8; thence West seven 77/100 chains to post in mound of rocks; thence South 28 degs. 41 min. West twenty eight 10/100 chains to station on high bluffs; thence South 6 ½ degs. West forty 91/100 chains to place of beginning, containing 381 66/100 acres of land and being the same land described in a deed of conveyance dated December 1st 1871, from the Philadelphia and California Petroleum Company to the said Adam Malezewski, recorded in Book number eighteen (18) of deeds pages 444 et seq. County Recorder's Office of Los Angeles and to which deed reference is hereby made.

Done in open court this he said 26th day of May A.D. 1879.

Sepulveda,
Judge

Filed May 26, 1879
A.W. Potts, Clerk