Sheriff's Deed on Sale under Execution. This indenture, made this third day of August, A. D. 1859, between Charles Doane, sheriff of the city and county of San Francisco, of the first part, and Thomas Cole, Jr., of the city and county of San Francisco and state of California, of the second part: Whereas, by virtue of a writ of execution issued out of and under the seal of the District Court of the twelfth judical district, of the state of California, in and for the said city and county, tested the fourth day of January, A. D. 1859, upon a judgment recovered in said court on the second day of January, A. D. 1859, in favor of George Wyckoff and against John Cook, to the said sheriff directed and delivered, commanding him that of the personal property of the said judgment debtor in his bailiwick, he should cause to be made certain moneys in the said writ specified, and if sufficient personal property of the said judgment debtor could not be found, that then he should cause the amount of said judgment to be made out of the lands, tenements and real property belonging to him, on the second day of January, A. D. 1859, or at any time afterward: and whereas, because sufficient personal property of the said judgment debtor could not be found, whereof he, the said sheriff, could cause to be made the moneys specified in said writ, he the said sheriff did, in obedience to said command, levy on, take and seize all the estate, right, title and interest which the said judgment debtor so had of, in and to the lands, tenements, real estate and premises hereinafter particularly set forth and described, with the appurtenances, and did, on the thirtieth day of January, A. D. 1859, sell the said premises at public vendue, in front of the city-hall, in the city of San Francisco, in said county, between the hours of nine in the morning and five in the afternoon of that day, namely, at twelve o'clock at noon, after having first given notice of the time and place of such sale, by advertising the same according to law: at which sale the said premises were struck off and sold to Thomas Cole, Jr., for the sum of ten thousand dollars, he, the said Thomas Cole, Jr., being the highest bidder, and that being the highest sum bidden, and the whole price paid for the same and whereas, the said sheriff, after receiving from said purchaser the said sum of money so bidden as aforesaid, gave to him such certificate as is by law directed to be given, and filed in the office of the recorder of the county of San Francisco a duplicate of such certificate: and whereas, six months after such sale have expired, without any redemption of the said premises having been made: Now this indenture witnesseth, that Charles Doane, the sheriff aforesaid, and party hereto of the first part, by virtue of the said writ, and in pursuance of the statute in such case made and pro vided, for and in consideration of the sum of money above mentioned, to him in hand paid as aforesaid, by the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, conveyed and confirmed, and by these presents doth grant, bargain, sell, convey and confirm unto the said Thomas Cole, Jr., his heirs and assigns, all the estate, right, title and interest of the said John Cook, which he had on the said second day of January, A. D. 1859, or at any time afterward, or now has of, in and to all the following described premises, viz. : [description,] together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, to have and to hold the said above mentioned and described premises with the appurtenances, unto the said Thomas Cole, Jr., his heirs and assigns forever, as fully and absolutely as he, the sheriff aforesaid, can, may or ought to, by virtue of the said writ and of the statute in such case made and provided, grant, bargain, sell, release, assign, convey and confirm the same. In witness whereof, the said sheriff, the party of the first part. to these presents hath hereunto set his hand and seal, the day and year first above written. CHAS. DOANE, [L. S.] On this dred and day of Sheriff, &c. A. D. one thousand eight hun, a notary public in and for said city and county, personally appeared Charles Doane, sheriff of the city and county of San Francisco, to me personally known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he, as sheriff aforesaid, executed the same freely and voluntarily, and for the uses and purposes therein mentioned. In witness whereof, I have hereunto set my hand and affixed my official seal, the day and year first above written. A. B., Notary Public. Sheriff's Deed of Property on Mortgage. This indenture, made this second day of August, A. D. 1859, between Charles Doane, sheriff of the city and county of San Francisco, of the first part, and Samuel S. Seward, of the city of San Francisco, of the second part, witnesseth: Whereas, in and by a certain judgment or decree, made and entered by the District Court of the fourth judicial district of the state of California, in and for the city and county of San Francisco, on the tenth day of January, A. D. 1859, in a certain action then pending in said court, wherein Joseph Jones was plaintiff, and Paul Sampson and A. B., C. D., E. F., &c., were defendants, it was among other things ordered, adjudged, and decreed, that all and singular the mortgaged premises described in the complaint in said action, and specifically described in said judgment or decree, be sold at public auction by the sheriff of the city and county of San Francisco, in the manner required by law, and according to the course and practice of said court, that such sale be made in front of the city-hall, in the city and county of San Francisco, between the hours of nine o'clock in the forenoon and five o'clock in the afternoon on such day as the said sheriff shall appoint, that any of the parties to said action might become the purchaser at such sale, and that said sheriff execute the usual certificates and deeds to the purchaser or purchasers, as required by law. And whereas, the said sheriff did, at the hour of twelve o'clock at noon, on the tenth day of February, A. D. 1859, after due public notice had been given, as required by the laws of this state, and the course and practice of said court, duly sell at public auction in the city of San Francisco, agreeably to the said judgment or decree and the provisions of law, the premises in the said decree or judgment mentioned, at which sale the premises in said judgment or decree, and hereinafter described, were fairly struck off to Samuel S. Seward, the party hereto of the second part, for the sum of five thousand dollars, he being the highest bidder, and that being the highest sum bidden for the same; and whereas, the said party of the second part thereupon paid to the said sheriff the said sum of money so bidden by him; and whereas the said sheriff thereupon made and issued the usual certificate in duplicate of the said sale in due form of law, and delivered one thereof to the said purchaser, and caused the other to be filed in the county recorder's office of San Francisco county; and whereas more than six months have elapsed since the date of said sale, and no redemption has been made of the premises so sold as aforesaid, by or on behalf of the said judg ment debtor, the said , or by or on behalf of any other person. Now this indenture witnesseth: that the said party of the first part, the said sheriff, in order to carry into effect the sale so made by him as aforesaid, in pursuance of said judgment or decree, and in conformity to the statute in such case made and provided, and also, in consideration of the premises and of the said sum of five thousand dollars so bidden and paid to him by the said purchaser, the said party of the second part, the receipt whereof is hereby acknowledged, hath granted, bargained, sold, and conveyed, and by these presents doth grant, bargain, sell, and convey unto the said party of the second part, and to his heirs and assigns forever, all that certain lot of land in said city and county of San Francisco [here insert description], together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and also all the estate, right, title, and interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, and of the said defendant, Paul Sampson, of, in, and to the above-described premises, and every part and parcel thereof. To have and to hold, all and singular, the premises above mentioned and described, and hereby conveyed, or intended so to be, together with the appurtenances, unto the said party of the second part, his heirs and assigns, to his and their own proper use, benefit and behoof forever. In witness whereof, the said party of the first part to these presents hath hereunto set his hand and seal, the day and year · first above written. CHARLES DOANE. [L. S.] Sealed and delivered in the presence of WM. MERRIAM. Sheriff's Deed, for Land sold on Execution to satisfy Balance due after Mortgage Sale. day of This indenture, made this A. D. one thousand eight hundred and fifty-eight, between John W. Ackerson, sheriff of the county of San Mateo and state of California, acting in his official capacity as such, party of the first part, and Horace Hawes, of the city and county of San Francisco, and state aforesaid, party of the second part, witnesseth: Whereas, by a certain writ of execution issued out of the District Court of the twelfth judicial district in and for San Mateo county in said state, directed and delivered to the said party of the first part, sheriff as aforesaid, tested the sixth day of March, A. D. one thousand eight hundred and fifty-eight, he, the said sheriff, was commanded to satisfy the deficiency or balance due on a certain judgment rendered and docketed in the above-named court, in the action of said Horace Hawes vs. Ephraim Bland, which said deficiency was the sum of fifty-five thousand eight hundred and eighty-eight dollars ($55,888), together with interest, costs and accruing costs, out of the personal property of the said 100 , or, if sufficient could not be found, then out of the real property belonging to him, on the day when the said judgment was docketed in the aforesaid county of San Mateo, or at any time thereafter: and whereas the said John W. Ackerson, sheriff as aforesaid, and party of the first part hereto, after receiving said writ, and before the return day thereof, did, by virtue of the same, levy or seize and take the lands hereinafter described, for want of sufficient personal property to satisfy the said defi ciency or balance due on said judgment, and did, in pursuance of, and in all respects conformably with the above-recited execution and of the statute in such case made and provided, on the twenty-seventh day of March, A. D. one thousand eight hundred and fifty-eight, in front of the court-house door in Redwood city, in said county of San Mateo, sell at public auction, all and singular the premises hereinafter described, in separate and distinct tracts or parcels, as the same are hereinafter described, having first given due public notice of the time and place of sale, in the manner prescribed by law, at which sale all and singular the premises hereinafter described and mentioned as aforesaid were struck off to the said Horace Hawes, party of the second part hereto, for the aggregate amount of two hundred and fifty dollars, namely: the tract of land firstly hereinafter described, for the sum of one hundred dollars ($100); the tract of land secondly hereinafter described, for the sum of one hundred (100) dollars, and the tract of land thirdly hereinafter described, for the sum of fifty (50) dollars, the said Horace Hawes, the party of the second part hereto, being the highest and best bidder for each of said tracts of land, and those several sums being the highest sums bidden, and the whole price paid therefor, making in the aggregate the said sum of two hundred and fifty dollars. And whereas, after receiving from the said purchaser the said sum of money by him so bidden as aforesaid, the said John W. Ackerson, sheriff as aforesaid, gave to him, the said Horace Hawes, purchaser as aforesaid, a certificate of sale in the form required by law; and a duplicate thereof was duly filed in the office of the county recorder of the said county of San Mateo, the said premises sold being subject to redemption, and the time for the redemption thereof prescribed by law having now expired, and the same not being redeemed: now therefore, this indenture witnesseth, that the said John W. Ackerson, sheriff of the said county of San Mateo, and party of the first part to these presents, in order to carry into effect the said sale, made in pursuance of the execution aforesaid, and by virtue of the statute in such case made and provided, in consideration of the premises and of the sum of two hundred and fifty dollars so bidden and paid at the time of the sale, by the said party of the second part to the said John W. Ackerson, sheriff as aforesaid, the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, aliened, released, conveyed and confirmed, and by these presents doth grant, bargain, sell, alien, release, convey and confirm unto the said party of the second part, his heirs and assigns forever, the real estate described as follows, to wit: [here insert description,] and also all the estate, right, title, interest, trust property, claim and demand which the said Ephraim Bland had in the said several tracts or parcels of land, or any part thereof, on the 17th |