Documents from the Henry C. Wiley Lawsuit filed on October 3, 1872
In the County Court, Los Angeles County, California
Case Number 00498
H.C. Wiley
vs
S.B. Caswell, J.F. Ellis, W.P. Davis
Complaint
The plaintiff complains and alleges:
That on or about the 18th day of January 1872 the said plaintiff by a certain written lease made on or about said day at the City and County of Los Angeles, leased, demised, and let to the said defendants the premises lying and being in the County of Los Angeles and State of California and more particularly described as follows to wit: situate in Township 3 North Range 16 West San Bernardino Meridian said premises being known as the "Wiley" and "Tousley" Oil Springs and the land in which the same are situate on the North side of the San Fernando Range of Mountains and situate on the Rincon Canon. To have and to hold the same to the defendants for the term of one year thence next ensuing at the monthly rental of fifty dollars in U.S. gold coin payable in advance.
That under and by virtue of said lease the defendants went into the possession and occupation of said demised premises and still continue to hold and occupy the same.
That according to the terms of said lease there became due on the 18th day of Sept 1872 for the rent of said premises the sum of 250 dollars, the same being due three days previous.
That on the 19th day of September 1872 and within one year after said rent became due as aforesaid, by the terms of said lease, demand was made in writing by the plaintiff of the said defendants, being the lessees of said promise for the payment of said rent due as aforesaid, but the said defendants neglected and refused to pay said rent or any part thereof, and that the same remained unpaid for the space of three days after said demand.
That afterwards to wit on the 26th day of September 1872 at the City and County of Los Angeles and State of California, on S.B. Caswell and J.F. Ellis, and at the county of Los Angeles State of California on W.P. Davis, demand was made in writing of the defendants to deliver up the possession of said premises held as aforesaid to the plantiff, but said defendans neglected and refused, for the space of three days after demand as aforesaid to quit the possession of said premises or to pay the rent thereof due and unpaid as aforesaid and the same remains due and unpaid.
That the said defendants unlawfully hold over and continue in the possession of said premises after default in the payment of the rent as aforesaid, and without the permission of the plaintiff by reason whereof the plaintiff has sustained damages on the sum of one hundred dollars.
Therefore, the said plaintiff prays judgement for the sum of one hundred dollars damages for waste and injury and for the detension of said premises for the sum of 250 dollars rent due as aforesaid and restitution of said premises, and that the damages may be trebled together with costs of suit.
O'melvany & Hazard
Attys for Plaintiff
State of California
County of Los Angeles
H.C. Wiley being duly sworn says that his is plaintiff in the above entitled cause, that he has heard read the foregoing complaint and believes the contents thereof, that the same is true of his own knowledge except that whick is stated on information and belief and as to that be believes it to be true.
HC Wiley
Subscribed & sworn to before me this 3rd day of October 1872.
Lew. C. Cabanis
Notary Public
The defendents failed to appear and did not answer the complaint. Wiley won by default on October 19, 1872, by ruling of county judge Y. Sepulveda.
In the County Court of the State of California in and for the County of Los Angeles
H.C. Wiley Plaintiff
vs
S.B. Caswell, J.F. Ellis, W.P. Davis Defendants
Writ of Possession
The People of the State of California,
To the Sheriff of the County of Los Angeles,
Greeting:
Whereas, on the 19th day of October A.D. 1872
H.C. Wiley Plaintiff recovered a Judgement in the said County Court of the County of Los Angeles, State of California, against S.B. Caswell, J.F. Ellis and W.P. Davis, Defendants, for the possession of certain premises in said Judgement.
And whereas the Judgment Roll in the action in which said Judgment was entered is filed in the Clerk's office of said Court, in the County of Los Angeles and the said Judgment was docketed in said Clerk's office, in the said Los Angeles County, on the day and year first above written.
Now, therefore, you, the said Sheriff, are hereby commanded and required to place the said H.C. Wiley in the quiet and peaceable possession of the lands and premises in said Judgment described as follows, vis.: The premises lying and being in the County of Los Angeles and State of California and more particularly described as follows, to wit, situate in Township 3 North Range 16 West San Bernardino Meridian, said premises being known as the "Wiley" and "Tousley" Oil Springs, and the land on which the same are situated on the North side of the San Fernando Range of Mountains and situate on the Rincon Canon.
And whereas, the sum of $250.00 rent due and $36.35 costs, now (at the date of this writ) are actually due on said Judgment. You, the said Sheriff, are hereby further required to make the said sums due on the said Judgment, for damages, and costs, and all accruing costs to satisfy the said Judgment, out of the personal property of said debtors, or, if sufficient personal property of said debtors cannot be found, then out of the real property in your County, belonging to them on the day whereon said Judgment was docketed, in the aforesaid County, or at any time thereafter, and make return of this writ within 30 days after your receipt hereof, with what you have done endorsed hereon.
Witness, Hon. Y. Sepulveda Judge of the County Court of Los Angeles County, State of Califoria, at the Court House, in the County of Los Angeles this 19 day of October A.D. 1872.
Attest, my hand and the seal of said Court, the day and year last above written.
A.W. Potts, Clerk.
by C.W. Gould, Deputy Clerk
Sheriffs Office
Los Angeles County
I, Wm R. Rowland Sheriff of Los Angeles County, California, hereby certify that I received the within writ on October 19th A.D. 1872.
And I certify that I have executed the same as follows.
That on October 23d 1872 I repaired to the premises described in said writ, that same being within my said County, and then and there removed the said defendants therein named W.P. Davis, S.B. Caswell and J.F. Ellis, from said premises and put said plantiff H.C. Wiley in the quiet and peacable possession thereof, by virtue of said writ.
And I further certify that I am unable to find any property belonging to W.P. Davis one of said defendants, with which to satisfy the execution order contained in said writ and that I was instructed by the plaintiff H.C. Wiley not to levy upon any property belonging to either of the other two defendants S.B. Caswell or J.F. Ellis. I therefore return the said execution not satisfied.
Dated Los Angeles October 25th 1872
Wm R. Roland Sheriff
by O.P. Robbins Deputy