In the District Court of the 1st Judicial District, State of California in and for Los Angeles County

Andres Pico
Plaintiff

Vs.

Jeronimo Lopez and Joseph Rice
Defendants

ANSWER of Jeromino Lopez (filed April 14, 1864) and ANSWER of Joseph Rice (filed April 26, 1864)
--------------------------------------------
And now comes Jeronimo Lopez,
--------------------------------------------
And now comes Joseph Rice,
--------------------------------------------

defendant herein, by his attorney, Benjamin Hayes, and for and for answer to the complaint filed herein, comes and defends the force and injury, and says that he is not guilty of the said supposed trespass and ejectment, above laid to his charge or of any party thereof in manner and form as the plaintiff hath above thereof complained against him, or in any other manner whatsoever.

And this defendant for further answer denies each and all the allegations in said complaint contained, except such as hereafter may be admitted.

--------------------------------------------
[Jeronimo Lopez]
This defendant for a further defense thereto says, that his is seized and possessed of a certain ...
--------------------------------------------
[Joseph Rice]
This defendant for a further defense thereto says, that he is a tenant under the said defendant, Jeronimo Lopez, from year to year, of a certain ...
--------------------------------------------

... tract of land lying in said county of Los Angeles bounded and described as follows, to wit, beginning at a stake northwest two miles from the Mission of San Fernando in said county of Los Angeles and running south along the line of the lands occupied by Miguel Lopez, nine hundred and fifty varas* to a stake, thence running northwest along the line of the lands occupied by Pedro Lopez, nine hundred and fifty varas to a stake, thence west along the line of the lands occupied by Jose Miguel an Indian, nine hundred and fifty varas to a stake, thence in a straight line about nine hundred and fifty varas to a stake, thence in a straight line about nine hundred and fifty varas to the place of beginning, consisting of one hundred and sixty acres of land, which said tract of land is within the [?] boundary of the general tract described in plaintiff's said complaint.

And this defendant specially and particularly disclaiming any title or claim to any lands described in said complaint, except the last above described parcel.

And this defendant further denies that the plaintiff ever had possession or seizure of the premises described in this answer.

----------------------------
[Jeronimo Lopez]
And for further answer defendant says that he has occupied and possessed the tract of land hereinbefore described continuously for ten years last past in good faith, claiming the same to be his own individual property and believing that he had a just, legal title thereto, and that during that time he has erected thereupon permanent improvements at the cost and value of $3000, and that the said improvements have enhanced the value of the said premises to the extent of the said amount of $3000 and this defendant prays that the same maybe allowed in recoupment of, or as an offset to any damages which the plaintiff may recover in this action.
----------------------------
[Joseph Rice]
And for further answer defendant says that the said Jeronimo Lopez has occupied and possessed the tract of land hereinbefore described continuously for ten years last past in good faith, claiming the same to be his own individual property and believing that he had a just, legal title thereto, and that during that time he has erected thereupon permanent improvements at the cost and value of $3000, and that the said improvements have enhanced the value of the said premises to the extent of the said amount of $3000.
----------------------------

And defendant avers that neither the plaintiff, nor his ancestor, predecessor or grantor within two years before the commencement of this action, was seized or possessed of the land described in this answer as possessed by the defendant, nor has had any patent for the same issued within said two years.

Wherefore defendant prays that the Court shall hear the allegations and proofs of the parties herein and shall decree that the plaintiff take nothing by his action, and that this defendant be hence dismissed with his costs, and that the plaintiff or anyone claiming or to claim by, though or under him, be forever enjoined from setting up any claim to the land possessed and occupied by defendant and described by aforesaid, or slandering his tittle to the same, and that the defendant may have the decree of this honorable Court, that the title to the tract of land particularly described in this answer, as aforesaid, may rest and vest in him and against the said plaintff, and all holding under him, and for general relief.

Benj. Hayes
Attorney for defendant


[*vara - an old Spanish measure of length used in Mexico and its land in the American southwest. Equal to 32.909 inches.]