11

,Cross,

In the villa of San Fernando in theHouse mortgaged

jurisdiction of Thexas and New Philippines,by Crist6bal

on the twenty-fifth day of the month ofChirino

May of the year one thousand seven huridredco

fifty-two, before me Fran. de Arocha, notary public and

.notary, of the Cabildo of the said villa, and the witnesses

mentioned.below, the following appeared in person: Christ6-

val Chirino, a vecino of the said vi11a, Antonia Caravaxala,

the wife of the said Chirino, Catarina de Angulo, Clara de

Angulo, and Maria de Angulo, legitimate dau.ghters of the said

Antonia Caravaxala and of Diego de Angulo, may he rest in,

peace, whom I the notary certify.I know are those named herein.

And all of them jointly, together with their mother, and their

said mother for herself and for her daughters said that in

view of the fact that they were under obligation to their

stepfather, Christ6val Chirino, who was in debt to Don:Mar-

selino Martines°but had no means with which to pay, at the

present time,.other than by going to San. Xavier to fill the

post which Joseph Marselino, the legitimate son of the said

Don Marselino Martines, had been holding since the presidio

was founded; and by paying whatever the said Joseph Marselino

owed at his post; and since for this purpose their stepfather

needed to mortgage the residence and lot belonging to their

mother, and to them as heirs of their said mother, all of0

12

8 them said.that they ceded, and they did cede, their rights

to the said house and lot to their stepfather in order that

he may be able to mortgage the same for the ramount, of thelv

said //debt or for more, as he wished, and, if necessary,

he could auction and sell the same for the said debt without

any instrument other than this. contract or transfer. And

,they said, that they renounced all the laws, fueros, and

rights to the said house and lot which they may have by reason

of.inheritance, dowry, or any other reason, in order that the

same shall not be valid and that they may not have the right

to plead about this property, in court or out of court..

And the aforesaid Chrixt6val Chirino said that by, virtue of

the transfer of the house and lot made to him by his wife and

stepdaugh,ters,, he did hereby, by virtue of the same, bind

himself to go to the royal presidio of an Xavier, to ask Cap-

tain.Don Felipe Terdn to assign to him the soldier's billet

which was now held by Joseph-Marc:elino Martines in order that

the said Chrixt6val may hold it and may assume the responsi-

bility of paying all the amounts that the said Joseph Marse-

lino may owe at the post. And the above-said Joseph shall

come with the first mail? released from his billet and free

from cost for his release therefrom. And if this failed, he

,Chirino, bound himself to sell at auction the house and lot

which, in the meantime, he was mortgaging to Don Marzelino

Martines for the amount of two hundred thirty-eight pesos

13

8

r

which he owed the said sePior Vrrutia, and which he agreed

to pay on his Chirir_o's, behalf to Captain Don Thoribio de

Vrrutia. And he constituted himself as debtor for the said

.amount, to the aforesaid Don Marzelino, for which amount,

he made the said mortgage. And if he failed to take the

said billet and to obtain, the release of the said.Joseph

Martines, he would auction the house for the said amount of

two hundred thirty-eight pesos. And if he was responsible2

for this failure,, he constituted.himself as debt//or to

the aforesaid Don Marcelino and, for such an eventuality, he

gave and granted these presents giving him sufficient author-

ity cin order that,.with.out any instrument, document, or

proceeding.other than this, he may take possession of the afore-

said house and lot with all the trees and plants found there-

in except a jacal belonging to Maria de Angulo. And he re-

nounced, ceded, and transferred to the said Don Marzelino

Martines every right to the said house and lot, ceded to

him by his wife and stepdaughters. To this end he renounced

every law and right that might be in his.favor, his own

fuero, domicile, and community, the law of Si cumvenerit de

Yurisdicione obnium Yudicum, and the general laws pertaining

to the general renunciation of laws. He submitted to the justices

judges of His Majesty in order that they shall_compel him to

observe and comply with what has been stated herein as if it

were the definitive sentence of a competent judge given and

14

pronounced against him in a case that had been tried in court.

And the said Don Marselino accepted the agreement and said

.that if the assignment of his son's billet took place and if

he his son, owed more than the two hundred thirty-eight pesos

which the said Chirino owed him, rDon Marcelino,, he bound

himself to pay with two or three yokes of oxen and horses

the amount in excess owed by his son. To this end' he bound

all his present and future assets' movable and real, he sub-

mitted to the fuero and jurisdiction of the judges of this2v

province. In witness thereof, //the said Don Marcelino signed

this, and for the said Chirino and the aforesaid wife and

stepdaughters,, who said they did not know how, and at their

request, the witnesses signed to wit: Don Juan Joseph deco

Montes de Oca and Don Fran. de Estrada, vecinos of the said

villa, where this was granted on the said day, month, and

year, before me,the notary.. I certify.

Marcelino Martines

,Ru.bric,

At the request of Ghrixtdval Chirino, who did not know

how to write' and as a witness to his having executed this,

I signed:0

Ju. Joseph de Montes de Oca

cRubric,

At the request of Antonia Caravaxal, Catarina de Angulo,

Clara de Angulo, and Maria de Angulo, who did not know how

15

t to write, and as a witness to their having executed this

transfer, I signed this:co

Fran. de Estrada

,Rubric,

Before me:co

Fran. Joseph de Arocha

eRubric

Notary Public and Notary, of the Cabildo

EA.:D..S. in B., May 2 5, 17529 pp..l-2v,

16

3//In the villa of San Fernando on the twenty-seventh day

®

of the month of June of this present year of one thousand sev-

en hundred fifty-two, before Senor Don Luis Antonio M3.nchacal

first-ranking ordinary alcalde of the said villa, the follow-

ing,petition was presented, etc.

Sefior First-ranking Ordinary Alcalde.

I, Andrds Ram6n, a soldier -of this royal presidio of San

Antonio de B6jar, with my captain's permission, appear before

you in the best manner according to law and in my own interest

to state that I have been informed on good authority that Dofia

Anttonia de Carbajal, my wife's legitimate mother' and the

other heirs jointly sold their residence to Don Marzelino

Martinez for the sum of two hundred thirty pesos, for which

purpose they executed an instrument which was drawn by Donco

Fran. de Arocha, notary public of this villa,) and which.

sale was made without my having been summoned as I should

have been; therefore, because of my right of preeiuption in

the saleas a legal heir, will you please order, according

to law, the aforesaid Don Marzelino Marz.. to: turn over to me3V

//the house for the amount stated in the.instrument, which

,amount,_I am drawing on my captain as my paymaster.

In view of all the foregoing, I ask and beg you to please

.order that my petition be granted because it is justl and also

that this petition be admitted on the present common paper

0

17

because there is none of the requisite stamped paper, in

this jurisdiction. I swear that this is without malice and

whatever is necessary, etc.

Andr6s Ramdn.

,Rubric,

CD. S. in E., May 2 1752,, pp•. 3-3v.

is

0

The foregoing petition was, admitted. And by virtue

thereof, the said se.or alcalde said that in view of the right

of preemption of this party by virtue of being one of the heirs

and of living in the house and in view of the fact that, this

party was not summoned for the said.sale in conformity with

the royal laws of' His 1:M4'Jesty by virtue of which,. because of

the aforesaid circumstances, he should have the right of pre-

emption in the purchase of the house, Don Marzelino Martines

shall be notified of the nullity of the sale. And in view

of the fact that this party is ready to exhibit the principal

and costs, as soon as the same shall be exhibited, he shall

deliver the instrument granted for the said house in order

that it may be annexed to these proceedings and that it may

serve him as title. At the same time the present petitioner

shall be notified to make the said exhibition in the same man-.

ner that Don Marselino Martines made his and to deliver the

same before a notary who shall certify thereto. And when the1+

proceed//ings have been executed they.shall be sent to me for

my information and in order to proceed with the approval.

Thus did the said seflor , alcalde decree, order, and sign this

before me9the notary. I certify.0

Luis Antt. :.:Mlnchaca

,Rubric,

Before me:co

Fran. Joseph de Arocha

,Rubric,

19

Notary Public and Notary, of the Cabildo

,D. S. in E., May 25, 1752, PP• 3v-4,

20

In the said villa, on the twenty-eighth day of the month

of June of the said year, I,the undersigned notary, by vir-

tue of the foregoing decree, went to the residence of Don

Marselino Martines and notified him in person of the fore-

going decree. When he had been duly informed of the contents

of the same, he said that, as was of record in the instrumentg

the object of the said agreement was that Crixt6.va1 Chirino

was to go to San Xavier to relieve Joseph Marselino Martines,

the.said Don Marselino's son, from his soldier's billet and

that in default of this, the house was to^be, sold at auc-

tion for two hundred thirty pesos; and that this amount was

to be paid with stone, land, andirons, and small table. And

.since this party Chirino, had bound himself to one or the

other obligation,, he shall exhibit with the greatest prompt-

ness the instrument, and the said materials shall be taken to

a place to be designated within the limits of the villa.he

This he gave for his answer, which/signed withtne,°the said

notary, I certify.

Marcelino Martinez

,Rubric,

Before me:co

Fran. Joseph de Arocha

,Rubric,

Notary Public and cNotary, of the Cabildo

cA. _;D. S. in E. , May 25, 1752, p. 4,

21

The preserit notary shall annex to these proceedings the

instrument that Chrixt6val Chirino has granted to Don Marze-

lino in order that by virtue of the provisions of the same it

may be possible to render a decision according to law. Thus

did the said seflor alcalde decree, order, and sign this in

this said villa, on the above-said day, month, and year, be-4v

fore rne'the pres//ent notary. I certify.0

Luis Antt. Minchaca

rRubric,

Before me:co

Fran. Joseph de Arocha

,Rubric,

Notary Public and Notary, of the Cabildo

D. S. in E., May 25, 17527 pp. 4-4v.

22

In the, villa of San Fernando, on the first of July of

the year one thousand seven hundred fifty-two, the present

notary shall give to the party, the soldier Andrds Ram6n, a

copy of these proceedings. Thus did the said sefior alcalde

decree, order, and sign this before me^the notary, I certify.0

Luis Arntt. Minchaca

Rubric,

Before me:co

Fran. Joseph de.Arocha

Rubric,

Notary Public and Notary, of the Cabildo

D. S. in F. May 25, 1752, p. 4v2

23

Immediately thereafter I,the said notary9gave him ^An-

dres Ram6n, the copy as I was ordered by the said sefior al-

calde. He ,Andr6s Ram6n, said that if.his petition was acted

upon by ordinary process, he would by no means plead his cause;

and that he prayed the said sePior alcalde that his petition

be acted upon by executory process because this was so just,

since, as was of record in the instrument, Don Marcelino Mar.-

tines agreed to pay Captain Don Thoribio de Vrrutia two hun-

.dred thirty-eight pesos, the same amount, that the said Chi-

rino owed the said sefior captain, not with stone and earth

as the aforesaid Don.Marcelino alleged in his reply, Faueh less

much less by giving up his soldier's billet here in this

royal presidio of San Antonio to go to San Xavier to relieve

Joseph Marzelino. In view of the foregoing, he prayed the

said senor judge to please order that the said contract or

instrument be rescinded for. it had been made null by the defect

that although he was the husband.of Maria de Angulo and had5

a part in the inheritance, //he was not summoned much less

was he informed of it:by his wife, and that as soon as he

learned of it, he;^appeared as was of record in the petition

that appears at the beginning of these proceedings. And

,he said, that in order not to be annoying or to confuse the

issue,.he would make no further allegation.other than that,

as he has said, the said amount recorded in the instrument

was given in the same place and to the same person to whom

24

Christ6val Chirino owed--in the same place and to Captain

Don Thoribio de Vrrutia himself. And as soon as the said

sePior judge shall order the said house delivered to him ^An-

drds Ram6n,, he was ready and willing to present and deliver

a note payable by his captain for the said amount. This he

gave for his reply, which he signed with me,the.said notary.

I certify.

Deleted: Much less--Void.co

Fran. Joseph de Arocha AndrCs Ram6n

cRubric, Rubric,

Notary Public and Notary, of the Cabildo

,A. D. S. in E., May 25, 1752, pp. 4v-5.

25

i

In the, villa of San Fernando on the third of July of

the year one thousand seven hundred fifty-two, in view of the

reply given by Don Marselino Martines and that given by An-

drds Ram6n saying that it was not of record in the instrument

that the two hundred thirty-eight pesos were to be paid with

stone or other -.effects, but that the said Don Marselino was

obligated to pay the said amount to Captain Don Thoribio de

Vrrutia, to whom Christ6val Chirino owed the same amount,,

and in view of the fact that the allegation made by Andr6s

Ram6n concerning his right was true, the latter shall be

notified to pay the said Don Marselino the two hundred thrity-

eight pesos. As soon as the said aznount, shall be delivered,

the said sePior judge shall give.him Andr6s Ram6n, possession

of the house by acquired right and he shall receive before

a notary a juridical instrument which shall serve as his title.

Thus did the said sePior alcalde decree, order, and-sign this5v

before me,ethe, //notary. I certify.0

Luis Antt. Minchaca

,Rubric,

Before me:co

Fran. Joseph de Arocha

Notary Public and Notary, of the Cabildo

D. S. in F. ,May 25, 1752 , pp. 5- 5v,.

26

Immediately thereafter, I,the notary,notified Andr6s

Ram6n of the foregoing decree in the presence of the sefior

judge, Don Martin Flores, and Don Carlos Belis de Latores.

And the said Andr6s Ram6n said that he would obey the said

order and that he would exhibit and he did exhibit a prom-

isory note for the said amount payable by Captain Don Tho-

ribio de Vrrutia, which reads:

;'I agree to pay to the bearerl for Andr6s Ram6n, the

sum of two hundred thirty or forty pesos."

This he gave for his reply, which he signed with the

said setor judge and before me 9the notary. I certify.0

Luis Antt.. Minchaca Andr6s Ram6n

,Rubric, Rubr'ic,

Before me:co

Fran. Joseph de Arocha

Rubric,

Notary Public and Notary, of.the Cabildo

D. S. in E., May 25, 1752, p. 5v'.

27

The present notary shall summon Don Marselino IViartines

to appear in my court of justice to receive the payment of

the two hundred thirty-eight pesos promised by Andr6s Ram6n.

Thus did the said seior judge decree, order, and sign this.

I1the notary,certify.0

Luis Antt. Minchaca

Rubric,

Before me:co

Fran. Joseph de Arocha

rRubric,

Notary Public and Notary, of the Cabildo

,D. S. in E., May 2 5`, 17 52 , p. 5v,

0

28

8 In the said villa on the fourth day of the month of July

of the said yearl having been summoned, Don Marselino Marti-

nes appeared before the said seftor judge. When the promis-

sory note given by Andrds Ram6n had been shown to him, he

said that he did not admit it in view of the f6act that he had

transferred the house to Christ6val Chirino //who had bound

himself to pay the two hundred thirty-eight pesos for the

mortgage he held on the house. This he gave for his reply,

which he signed with the said sefior judge and before me,the

notary. I certify.0

Luis Antt. Minchaca Marcelino Martinez

,Rubric, Rubric,

Before me:co

Fran. Joseph de Arocha

,Rubric,

Notary Public and Notary, of the Cabildo

D. S. in E., May 25, 1752, pp. 5v-6,

^

29

Immediately thereafter, in view of the reply given by

Don Marselino Martines, recorded above, and by virtue of the

agreement that he declares he had with Christ6val Chirino,

the said seftor judge said that he should order and he did

order that the promissory note for two hundred thirty pesos

be returned to the party.Andrds Ram6n. When he Andres Ra-.

rn6n, had received.it, he prayed that these proceedings be

filed in thearchives for whatever eventualities may occur

in the future. And he said, that he wished°to have this

cause remain open in order that from time to time he may

plead his cause. And the said setor judge ordered that the

pet'ition of the party be granted. Thus did the said sefior

judge decree, order, aid sign this before me ^ the notary. I

certify.0

Luis Antt. Minchaca AndrGs Ram6n

.Rubric, Rubric.,

Before me:co

.Fran. Joseph de Arocha

rRubric,

Notary Public and Notary, of the Cabildo

D. S. in E., May 25, 17527 p. 6.

r On back; : 1752