cCross_3 co Bachelor Don Fran. Manuel`Polanco, priest., vicar,

Transcription

41
cCross_3
.-In the villa of San,Fernando in. the jurisPower of
diction of Thejcas New Phili3ppines, on the
Father Po-
fifteenth day of the month of September of this
1-anco to
year of cone thousand seven hun3d'red forty-seven,
Calder©n
before me, the present notary, appeared in person
co
Bachelor Don Fran. Manuel'Polanco, priest., vicar,
0
N. 19
N. 4
. and ecclesiastical Judge of this said villa and the_
presidio of San Antonio de Vejar, whom I certify
I know to be the person mentioned herein. He said that he had
assumed the duties of his office in this villa and presidio on
the third of December of the past year of cone thousand3 seven
hundred forty-six; and that His Majesty (may God guard him), had
assigned the salary of four hundred fifty pesos per year-for.the
office of parish priest of the said.villa and presidio. The
said. Bachelor also said that, since he needed to have an attorney
inMexico City for the annual collection of the said salary as
well as for other collections apd business which he may or shall
have, he, therefore, gave and did hereby give such power as was
necessary and required by law to Lieutenant Don Joseph Gonsales
Calderon, a resident and merchant of Mexico City, especially in
order that he may and shall appear before the Most Excellent
Viceroy of this New Spain, the royal officials of the royal
treasury in Mexico City^ to demand; collect, and receive the said
42
four hu.ndred, fifty pesos for the salary for this present year;
.a.nd, generally for all the collections, business, claims, and
suits which he may or shall have with any person or persons
of any condition or rank whatever. He shall enter actions
against each and every one of them and defend them before the
King or Lord (may God Guard him), the ffiost.Exeellent Viceroy
,
of this New Spain in his royal audieneias, before all the Judges,
tribunals, and courts, higher or lower,- eeclesiastical or se-cular, before which he may or should appear a-ecording to law.
He shall demand, receive, and collect from any. and all, Cpersons3
whatever amounts in currency, gold, silver, ... belonging to
him or in which he may have an interest, legally, by reason of
contracts, collection of money, accounts, or for any other reason
lv
teven //though3 the litigants, the debtors,
the amounts,
or the causes may not be speclfied in this power, because he is
giving it to him generally for all the cases that may occur and
f or all the things which may belongto him. For.the amounts
which he may receive and collect, the said agend shall give and
grant, in his name, receipts,::quittances, cancellation, and
lat°s plus-affidavits of receipt, proof of receipt and payment,
unless epayment is made3 in the presence of a notary who can
certify thereto.
He shall ask for and examine the accounts of
persons obligated to render the same to him. He shall file
charges against them and hear their pleas of defense, Justly
and competently, or settle, at will, by compromise or agreement
any contentions, suits, or differences-,
And whenever, for the
above-said purposes of this said power, it may be necessary to
institute legal proceedings, he may appear and he shall appear
before each or all of the afore-mentioned tribunals, and Justices
to make and present claims, petitions', requisitions, contra.dictions, refutals, proU'st$, accusations, allegations pro or
con, and answer the charges..of the oppositian.
He shall make]
imprisonments and releases therefrom, seizures and sales, selling at'auction such effecte as he may take possession of and
seize.
He shall prosecute and defend claims, present writs,
petitions, instruments, affi.dai.vIts, witnesses, and proof.
He
shall obtain from the archives and the authorities in charge
authentic copies of the documents and the records which he is
or.may be entitled to use. He shall give proof and bond.and
refute the allegations of the opposition. He shall endorse
favorable allegations made by witnesses in person or presented
in writing.
He shall make and cause to be made by the opposi-
tion oaths of truth, of calumny, decisory, and of ;Ln liten.
He shall ask for ordinary and ultamarine terms, for restitution.
or waiver.
He shall recuse Judgeg, lawyers, clerks, notaries,
and other officials whenever advisable. He shall close legal
proceedings, hear decrees. and sentences, interlocutory and
definitive, acquiescing'when favorable and when unfavorable
appealing and applying for a new trial and carrying it on through
all its instances, pleas, and
sentences until definitive sentence
tshall have been rendered.3 He shall obtain royal decrees
2
granting writs of execution, summons, and //compulsioon, letters
of equity, ... documents in the favor and interest of the
grantor.
For to that3 end and for all. accessory and relevant
actions, he hereby grants him this aforesaid general power wi"t%
the authority to institute legal proceedings, swear to oaths,.
and appoint substitutes, removing substitutes whenever_necessary
and appointing others., He revokes, annuls, and declares to be
null and void any and all instruments, powers, and memorandums
which he may have granted and made prior to this, in writing or
by word of mouth, in order that none shall be valid in legal
proceedings or out of court save this which he now gives and
grants as aforesaid.
The grantor said that for the execution
of the contents of this said power and of whatever may be done
or may. oceur by virtue thereof, he bound his present and future
assets.
He empowered the justices and Judges of His Majesty of
any locality whatever, and particularly the Very Illustrious
Bishop of Guadalajara, to whose fuero and jurisdiction he submits
in order that they may compel him to comply with everything
stated in this power, as,.if it were the definitive sentence of
a competent judge passed in a case that had been tried in court
and agreed to by the grantor. He renounces the chapter on Suam
de peniz eduardus de absolucionibus, with whose provisions he
said he was.familiar, the general laws, and.the others in his.
co
favor and defense.
Thus did the said Bachelor Don Fran. Manuel
4
Polanea grant and sign this in this my office; the witnesses
to his,..making this grant were Don Martfn Flores, Don Ygnacio
Lor6nso, and Pedro Peres, residents of this said villa, where
this was done and granted. The witnesses signed this with the
2v
co
said grantor before me, Fran. Joseph de Aroeha, noCtary3 //
public and esecretar35 of the ca®ildo of this above-said villa,
I certify.
r
co
B. Fran. Manue l Polanco
.
Martin Flores
eRubric,
Pedro Peres
`Rubric3
CRubric3
Before me;
co
Fran. Joseph de Arocha
cRubric3
Notary Public and CSecretary3of the Cav. l.
eD.3. in Guaderno, September 15, 1747, pp. 1-2v3
0
5
3
//CCross3
In the villa of San F'{ernando, contiguos to
Power from
the royal Cpresidio of San An3tonio de Bejar, "in
the company
the jurisdiction of the province of Thejas and
to Don Ber-
New Philippines, on the eighteenth day of the
nabe Cara-
month of September of the year one thoueand.seven
baxal
hundred forty-seven, before.me, the undersigned
notary, all the officers and the soldiers of the
company of the said,royal presidio of SandzAntonio de Bejar, whom
I certify I know t o.be the ones mentioned herein, appeared in
person and said that all of them together, jointly and.severally,
since they had granted a power to Don Bernabe de Carabajal, the
Alf erez, and Don Joseph de Carabajal, the corporal of the said
royal presidio, before me, the notary, to prosecute the suit
0
which they instituted against Don Ju. de Angulo, a-resident and
merchant of Mexico City-, about the supplies for the said royal
presidio; that, in view thereof, they carried the said suit to
its present state; that, since the clause relative to substitutes
had been omitted from the said power and it was necessary for
_
;
...
the said agents to return to their posts, they entreated the
Most Excellent Viceroy of this New Spain for the permission
for that purpose and also for appointing as substitutes for the
said power a person satisfactory to them; that, in view of this,
the said Most Excellent Gentleman, after cobtainingl the opinion
of the Judge Advocate for War, granted them the afore-mentioned
47
permission and they obligated themselves to send within three
months sufficient power from this company with the express confirmation of whatever action had been taken by virtue of the
substitution by the person appointed as substitute for the
above-mentioned power.
In order to execute this in the best
manner according to law, they said that all the officers and
the soldiers of the said royal presidio, together and jointly,
gave such power as was necessary in order to be valid to Don
co
Fran. Sanches de Sierra Tagle, a titled ... of Mexico City,
3v
in order that, in the name of Cthe grant3//ors, he shall prosecute and carry to the point of conclusion the suit they-have
0
pending with the said Don Ju. de'Angulo concerning the abovesaid supplies.
He shall liquidate and settle all the accounts
for the royal.presidio of San Anttonio de Bejar presented to
him, attending to all the business, transactions, and proeeedings that the grantors would attend to if they were present.
C They daid3 that they also ratified, confirmed, and approved all
co
that the said Don Fran. Sanches de Sierra Tagle had executed
by virtue of the agreement for a substitute made by the said Don
Bernabe Carabajal And Don Joseph dE Carabajal. In like manner,
shal l
they/consider right, and as if they themselves had, done it in
co
person, whatever else the aforesaid Don Fran.' may execute in
the future:.by reason of the said Cagreement3.
For this purpose
they give and grant.to him this above-said power; they also give
and grant it to him generally for all their business, civil
48
and criminal suits and causes pending at present or which may
be instituted.in the future, with any personor persons of any
state, rank, or condition whatever.
He shall file suit against
each or all of them and defend them before the King our Lord,
the Most Excellent Viceroy of this New Spain in his royal
Audiencias, and before all the Judges, courts,, and tribunals,
higher or lower, ecclesiastical or secular, before which he
may and should appear according to.law, in order to.receive,
demand, and collect, Judicially or extrajudicially from any person
and all persons who may or shall owe them any amounts in currency,
gold, silver, or other products or property belonging to them
or,to which they may be entitled by reason of contracts, promissory notes, accounts, powers, conoeimientos, memorandums,
AD
invoices, or commissions, or in any other form whatever; even
though the litigants, the debtors, the amounts, or the causes,
may not be specified in this power,_because they are giving it
to him generally for all the cases that may occur and for all
the things which may belong to,them. For whatever he shall do
by virtu.e' thereof, their said agent shall grant receipts, quittances, lastos;.sig.h, liquidate, and settle.accounts; Cgive3
affidavits of receipt, Crenounce the law3 of pecunia, unless
Cpayment was made3 before a notary who could certify thereto;4
give proof of payment and receipt. //He shall ask for and
examine the accounts of persons Cobligated to render3 the same
to them.
He shall file charges against them and hear their pleas
4
9
of defense, justly and eeom3petently, or settle at will by compromise or agreement any contentions, suits, or differences.
And whenever, for the above-said purposes of this said power,
it may be necessary to institu.te'legal proceedings, he may appear
and he shall appear before each or all of the.afore--mentioned
tribunals and justices to make and present claims, petitions,
requisitions, contradictions, refutals, protests, accusations,
allegations pro or con, and answer the charges of the opposition.
He shall make imprisonments and releases therefrom, attachments
of property and releases therefrom, seizures and sales, selling
at auction such effects as he may take possession of and seiz,e.
He shall prosecute and defend claims, present.writs, affidavits,
witnesses, and proof.
He shall obtain from the archives and;the
authorities in charge authentic copies of the documents and the
records which they may be entitled to use, give proof and bonds,
. and refute the allegations of the opposition. He shall endorse
favorable allegations made.by witnesses in person or presented
in writing.
tion oaths of truth, of calumny, decisory, and of in litem.
He shall ask.for ordinary and uitre.marine.terms, for restitution
or waiver abga-Inst -the part3^.. He shall recuse judges, lawyers,
clerks, notaries, and other officials, He shall file,suits,
swear to oaths, and present_proof,,or whenever convenient, he
shall withdraw action.
He shall close legal proceedings, hear
decrees and sentences, interlocutory and definitive, acquiescing
0
when favoraule and when undavorable appealing and applying for
a new .trial ana. ,carrying it on through a1.l its instances, pleas,
and.sentences until definitive sentence Cshall have been rendered,.
He shall obtain royal decrees granting writs of.execution, compulsion, and summons, letters of equity, and any other documents
. in the 'favar and 'interest of the grantors.
For, to that : end
and for all accessory and relevant aetione, they hereby give and
grant . to him thi:s, aforesaid genera;l power with the authority to
institute legaZ.proceedings,
swear to. oathe
and a.ppo i nt sub s tL-
tutes, to remove substitutes whenever necessary and.appointôthers.
4v
/JFor the 'execution of the contents of this said. power and of.
vvhatever may be.done or granted by virtue thereofthey bind their
persons and their present and fu.ture'assets.
They empower the
justices and judges of His Majesty of any locality whatever, and
partioularly the Most Excellent.Viceroyof.this New Spain, to
whose fuero and 'jurisdiction they submit, to compel them cto c . omply
with the foregoing3 as If it:' were` a senter.ace passed in a ease
that.had been tried in, court.
They.renounce their own home and
community, the law of SA: cunbenerit de jurisditione omnium judicum,
the general laws, and the othersin their fa"vor and defense..,..
Thus did the . said grantors execute this. Those who kneWhow to
write signed it and one of the witnesses . signed for. those who
co
did not know how. The witnesses were Don.Alberto Lopes, Fran.
.de Estrada, and Don Ygnacio Lorenzo de.Armas, residents of this
said villa, where this was done and granted before me,- the notary
51
public and csecreatry3 of the cavildo. I certify.
Juanqufn Flores
Bernabe Carabaxal
Juan Galba"n
cRubri c 3
^Rubri c,
CRubric3
co
Bdanuel Carabajal
Fran.
c Rubri c 3
Ernandez
Joseph Antonio
cRubric3
de Estrada
cRubri c
Juan Cortinas
Baltazar Peres.
CRubric,
ERubric,.
Juachin de Vrrutia Jose de Sosa
cRubric3
Pedro del Toro
cRubric,
eRubric3
At the request of the- soldiers who did not know how to
write their names, I signed Cthis3:
co
Fran. de. Estrada
CRubri c3
Before me:
co
Fran.
Joseph de Arocha
eRubri c 3
Notary Public and CSecretary3 of
the cavildo
tD.S& in Cuaderno, September.15, 1747, pp. 3-4v3
5
/^Cross,
In the royal presidio of San Antonio de
Power from
Bejar and the villa of San Fernando, in the jurie•-
Don Toribio
diction of the province of Tejas and New Philippinef
de Vrrutia
on the twenty-second day of the month of September
to Calderon
of the year one thousand seven hundred forty-seven,
before me, the present notary of the said villa,
^pp ared in person Don lhoribio de . Vrrutia, captain with tenure
for life of the said royal presidio, a legitimate son and heir
of the late Don Joseph de Vrrutia, former captain of this above;sai.dl,presidio, avhom I certify I know to be the one mentioned
herein,'and said that the.said late Captain Don Joseph de Vrrutia,
his father, and after his death, the grantor, had carried accounts
0
with Don Ju. de Angulo, a resident and warehouse keeper of Mexico.
City, for the supplies of provisions for this presidio which the
said Azigulo had remitted. and for the annual salaries he, had
collected by virtue of the customary powers. CH e also saidc that,
by reason of the liquidation.of the said accounts, he has.instituted against the said (ngulo a suit, which was still pending in
the captaincy general of the Most Excellent Viceroy, Governor,
and Captain General of thisNew Spain; that, by reason of his
great equity, it had pleased His Excellency to order, by superior
decree of the thirtieth of June of this year, that everything
that was done with reference thereto should conform with the
opinion of the Judge Advocate for War of the twenty-eighth of
0
the.said.emonth,; and that he ,was acquainted with the import
of the same because he had seen the certified copy given on the
0
fifth of August of this year by Don Ju. Martines de Soria, chief
clerk for Government and War of New Spain, to which he refers.
Futhermore,since, for the prosecution of the said suit, with
respect to his own ac,counts
as well as . to
the accounts of his late
.
.
t,7"
....3'
father, whom he is-r=epresenting as one of his legitimate children
and heirs, he needs.to-grant a power, he hereby does so by grant-.
ing'and giving such power as is necessary and required by law
in order that it may and shouid be valid, to Don Joseph Gonzales
Caldero'n, a;resident and warehouse keeper of Mexico City, in
order that he may prosecute through to its definitive conclusion
the aforesaid suit tkmhich is3 now pending in the captaincy general
of the Mo s t.Exce llent Viceroy of this New Spain. For he i s granting to him the said power generally in order that in all his business, causes, and suits, civil and criminal, now pending or which
may be instituted in the future with regard to his office or in
5v
any other //action whatever with any persons of whatever state,
rank, or condition they may be, he may enter and defend actions
against each or all of them before the King our Lord (may God
guard.him), the Most Excellent Viceroy of this New Spain in his
royal Audiencias, and before all the Judges,.tribunals, and.
courts, higher or lower, ecclesiastical or secular, before avhich
he may and should appear according to law. He ahail receive,
obtain, demand, and collect, Judicially or extrajudicially, from
.
any and all persons who may or shall.owe him any amount or
amounts of. currency, gold, silver, grains or other produce,
effects, and property belonging to him for any reason whatever or to which he may be entitled by reason of contracts,
promisory notes, accounts, powers, conosimientos, m,anorandums,
invoices, commissions, or for any other reason whatever, even
though the litigants, the.debtors, the amounts, or the causes
may not be specified in this power; because he is giving it to
him generally for all the cases that may occur and for.all the
things that may belong to him. For the amounts which his said
agent may receive and collect, he shall grant in the name of the
said grantor receipts, quittances, letters of lasto, affidavits
of receipt cor renunciation of the law3 of peounia, proof of
receipt and payment, unless Cpayment is made3 in the.presence
of a notary who can certify thereto. He shall endorse accounts,
settle and liquidate them. He shall ask for and examine the
accounts, o;f Âil persons obligated to render the same to him.
He shall file charges against them and hear their pleas of defense,
or settle at will,.by compromise or agreement any contentions,_
suits, or differences.
And Whenever, for the above-said purposes
of this said power, it may be necessary to institute legal proceedings, he may appear and he shall appear before each or all
of the afore-menti.oned tribunals and justices to make and present
claims, petitions, requisitions, contradictions, refutals, protests,
accusations, allegations, pro or con, and answer the charges of
0
55
0
the oppositiox-:,cHe shall make3 imprisonments and releases therefrom, seizuvês_and sales, selling at auction such effects as.he
may take possession:,of ,sand seize.
claims; present
He shall prosecute and defend
ts, petitions, affidavits, rovitnesses, and
proof. ..He shall obt&-kh..from the archives and the authorities in
charge authentid copies of the documents and the records he may
he entitled to use. He shall give proof and bond and refute the
al.legatibns of the. opposition. He shall endorse favorable allega-
ti-o^ made by witnesses in person or presented in avriting.
He
shall make and cause to be made by the opposition oaths of truth,
6
of calumny, desi//sory, and of In litem. He shall ask forordinary
and ultramarine terms;
for resti3tution or waiver.,
Judges, lawyers, clerks, notaries,
He sha1.7, recuse
and other officials.
He shall
file suits, swear tooaths, present proof, or.whenever convenient,
he. shall withdraw action.
He shall close legal proceedings, hear
decrees and sentences,, interloctory and definitive, aequiescing
when favorable and when unfavorable appealing.and applying for
a new trial, which he shall prosecute until definitive sentence
ts,ha11_have been rendered3.
He shall obtain royal decrees grant-
ing writs of execution, compulsion, and summons, letters of equity,
and any other documents that may. be in the favor and interest-of
the grantor.
For, to that end and for all accessory and relevant
actions, he grants and gives him this general power with complete
and sufficient authority to institute legal proceedings, swear
to oaths, and appoint substitutes,.remove substitutes and appoint
others.
He rovokes, annuls, and declares to be null and void-any
•
and all instruments, powers, and memorandums.which he may have
made and granted prior to this, in writing or by word of mouth,
in order that none shall be valid in legal proceedings or out of
court save this which he now gives and grants as aforesaid. For
the execution of the contents of this said power and of whatever
may be done or granted by virtue thereof, the grantor said that
he bound his person and present and ita.ture . assets.
He empowers
the justices and judges of His Majesty of any locality whatever,
and particularly the Most Excellent Viceroy of this New Spain,
to compel him to comply with this power3 as if it were a sentence passed in a case that had been tried in court. He submits
to their fuero and jurisdiction, renounces his own home and
community, the law of Si cumbenerit de urisditione omnium judicum,
the general laws', and those in his favor and defense. Thus did
the said Captain Don Thoribio de Vrrutia grant and sign this.
0
The witnesses to his doing so were Don Ju. Joseph de Montes de
Oca, Don Martfn Flores, Pedro Peres, residents of the said villa.,
who signed with the said grantor before me,the present notary
public and Esecretary3 of the cavildo. I certify.
Thoribio de Vrrutia
CRubric3
Martin Flores
Pedro Peres
cRnbric3
CRubrica
6v
I/Before me:
co
Fran. - Joseph de Arocha
CRubri c 3
?
//tCrossa
In the villa of San Fernando, jurisdiction of
Power of
Tejas,and cN3ew Philippines,'on,the twenty-fifth
Menchaaca
day of the month of September of this present year
ar^d C^con
of one thousand seven hundred forty-seven, before
Ytrillo to
me, the notary, and the witnesses mentioned below,
Ca3.deron
appeared in person Dona Rosa Flores y Balde's, the
widow of the late Captain Don Joseph de Vrrutia;
na.
Don Pedro de Ocon Ytrillo, the husband of Dona Ju.
de Vrrutia,
a].egitimate daughter of the.sald,late captaiu, Don Juachfh de
Vgrutia, also a legitimate son of the said deceased, and Don
Lufs Anttonio Minchaca, a legitimate son of Dona Anttonia, de
,..,,
Vrrutia, now deoeased, a legitimate daughter of the said Captain
Don Jaaeph de Vrrutia, representing himself and his minor brothezs
00
and, sisters as executor of his said late mother and of Don Fran.
Mincha, esic, his late father, and guabdian ad-litem of his said
minor ebrothers and sistere,, whom I certify I know to be the
ones-mentioned herein, and said that the'said late Captain Don
Joseph de Vrrutia, the husband, father,.and grandfather of the
0
aforesaid, carried accounts with Don Ju. de Angulo, a resident
and warehouse keeper of Mexico City for the supplies of provisions for the said presidio which the said.Knguio had remitted
and for the annual salaries he had collected by virtue of the
cuatomary powers.
CI'hey also said3 that by reason of the liqui-
datioh of the said aceounts, a suit was pending in the captaincy
general of the Most Exeellent Viceroy of this New Spain; that,
by reason of his great equity, it had pleased His Excellency
to order, by superior-decree of the thirtieth of June of this
year, that everything that was done with reference thereto
should conform with the opinion of the Judge Advocate for War
of the tweaxy-eighth of the said cmonth3; and that they are
acquainted with the import of the same because they had seen
?v
the certified copy given on the fifcth of3 /%;ugust of this
n
year by Don Ju. Martines de Soria, chief clerk for Government
and War of this New Spain, to which they refer. Furthermore,
sir-ice, for the prosecution of the said suit, with respect to
the accouats.of the said deceased, whom they, as his legitimate
children and heirs, represent,-they need to give a power, they
hereby do so in fact, and all of them together, jointly and
severally, do hereby grant such power as is necessary and re=
q.uired by law in order that it may and shall be valid, to Lieratenant Don Joseph GonzalesCalderon, a resident and warehouse
,
,. .
keeper of Mexico City, in order that he may prosecute and con._.
elude the.aforesaid:suit now pending in the captaincy general
of the.Most Exce}lent Viceroy of.this New Spain. For they are
granting to him the said power generally in order that in all
their busiAess, suits, and causes, civil and criminal, nowpendingor which may be;.instituted in the future with any persons
of whatever state, rank, or condition they may be, he may enter
and defend actions'against each or all of them before the King
0
60
or Lord, the Most Excellent Viceroy of thiB. 1Vew Spain in his
royal Audiencias, and before all the Judges, tribunals, and
courts, higher or lower, ecclesiastical or secular, before which
he may or should appear according to law. He shall receive,
obtain, demand, and collect, Judicially or extrajudicially,
from any and all persons who may or shall owe them any amount
or amounts in currency, gold, silver, grains or other produce,
and any property belonging to,them or to which they may be entitled.by reason of contracts, promisory notes, accounts, powers,
memorandums, invoices, commissions, conosimientos, or for any
other`reason whatever; even though-°;:,the litigants, the debtors,
the amounts, or the causes may not be specified in this power;
because they are giving it to_him generally for all the cases
that may occur and'for all the things that may belong to them.
For the amounts which their said agent may receive and collect,
8
he.shall give and.grarit in the name //of the said grantors.
receipts, quittances, af,fidavits of receipt.Cor renunciation,
of the law of3 pe.cunia, unlessCpayment is made3 in the presence
of a..notary who can certify.thereto, proof 0 receipt and pay-..:
ment as stated in each and all of them.
settle and liquidate them.
He shall endorse E accounti^,
He shall ask for and examine the
accounts of all persons obligated to render the same to them.
He shall file charges against them and hear their pleas of defense, justly and competently, or settle at will, by compromise
or agreement, any contentions, suits, or differences. And
61
s
whenever, for the ab ave-said purposes.of this said power, it
may be necessary to institute legal proceedings, he may appear
and he shall appear before each or all of the afore-mentioned
tribunals and justices to make and present claims, petitions,
requisitions, contradictions, refutals, protests, accusations,
allegations, pro or con, and answer the charges of the opposition.
CHe- shall make3 imprisonments and releases therefrom,
seizures s.nd sales, selling at auction such effects as he may
take possession of and seize. He.shall prosecute and defend
claims; present writs, petitions, affidavits, witnesses, and
proof.
He shall obtain from the archives and the authorities
in charge authentic copies of the documents and the records
they may be entitled to use. He shall give proof and bond
and refute the allegations of the opposition.
He shall en-
dorse favorable allegations made by witnesses in person or
presented in writing.
He shall make and cause to be made by
the opposition-oaths of truth, of calumny, desisory, and of
in liten.
He shall ask for ordinary and:u.ltramarine terms,
for restitution, or waiver.
He shall recuse Judges, lawyers,
clerks, notaries, and other officials.
He shall file suits,
swear to oaths, present proof, or whenever convenient, he shall
withdraw action.
and sentences,
He shall close legal proceedings, hear decrees .
interlocutory and definitive, acquiescing when
favorable and when unfavorable appealing and applying for a
new trial, which he shall prosecute until definitive
0
sentence
Cshall have been rendered3. He shall obtain royal decrees grant8v
ing writs of execution, compulsion, //and summons, letters of
equity, and the other documents that may be_in the favor and
interest of the grantors. For, to that end and for all accessory.and relevant actions, they grant and give him this general
power with complete and sufficient authority to institute legal
proceedings, swear to oaths, and appoint substitutes, remove substitutes and appoint otherrs.
They revoke, annul, and declare.
to be null and void any and all instruments, powers, and memorandums which they may have made and granted prior to this., in
writing or by word of mouth, in order that none shall be valid
in legal.proceedings or out of court save this which they now
give and grant as aforesaid. For the execution of the contents
of this said power and of whatever may be done or granted by
virtue thereof, the afore-mentioned grantors said that they
bound their persons and present and future:assets. They empower
the justices and judges of His Majesty of any locality whatever,
and particularly those of this province of Tejas to compel them
Cto comply with this power] as if it were a sentence passed in
acase that had been.tried in court. They submit to their fuero
and jurisdiction, renounce their own home and community, the law
of Si cumbenerit de jurisditione omnium judicum, the general laws,
and those in their favor and defense. Thus did the said grantors
execute and sign this in this my office. The witnesses were Don
0
Mart^n Flores, Don Ju. Paulino, and Don Alberto Lopes, residents
of the said villa, who signed with the said grantors before
me, the present.notary. I certify.
At the request of Dorna. Rosa Flores y Balc7.es, I signed Cthis3;
Luis Antonio Minchaca.
CRubri c 3
Pedro de Ocon Yttrillo
eRubricT
0
Luis Antt. Minchaca
Juachin de Vrrutia
CRubric3
cRubri c 3
Witness:
Alberto Lopez
.
Marti:n Flores
Rubri c 3
CRubric3
Juan Paulino Marque's
cRubri c 3
Before me;
co
Fran.
Joseph.de Arocha
ERubric,
Notary Public and CSecretary3 of the Cavildo
CD.S. in Cuaderno, S€pt-ember-15, - 1_'7.47,. pp. 7-Bv3
64
//CCrossa
Be it knto all whom this contract- of
Sale of a lot
real sale and perpetua,l alienation may concern3
by Marcos
that I, Marcos Cavrera, a soldier of the royal
Cabrera to
presidio of San Antonio.de Vejar, eone3 of the
Jo se Perez
CCanary3 f slanders wl^` came to settle the villa
of San F'ernando, grant and concede by these
presents that I do hereby sell and convey by real sale in perpetuity, now and forevermore, to my cous4n, Joseph Per-es,
sAldier also of the said presidio, for him, his heirs, successow,
and the assign or assigns of the said Joseph Peres, one lot.on
the:Plaza of this villa thirty varas square. It is bounded on
the north by the parochial church, on the south by the.town lot
ntos
, on the west by the street
or my uncle, Don Antonio de los S.
between the said lot3 and the presidio of San Antonio de VeJar,
and on the east by the Plaza. The said lot is the same that
was-given to three of us, orphan brothers, who came to settle
Chere3.
I am granting this contract of sale with the expressed
permission and consent of my two brothers, which they declared
before the present notary and the witnesses. There is no con.
struction on the said lot. I am selling it--free from senso,
enta^.^.,, right of primogeniture, debenture, mortg.age, or any
other liability in favor of any person whatever--for the price
of two:good, gentle, rein horses, which my said cousin, Joseph
Peres has delivered to.me and which I have received,,plusthe
cost of this contract. I hereby acknowledge and grant that I have
received the same in fact and in truth and to my satisfaction;
but because there is no evidence of the payment and delivery of
the same, although it is a fact, I renounce the laws of nom nu
merata 2ecunia,.proof, payment, and exemptions in order that the
contents of each and all of them shall not_be valid for me. I
avow that the said lot is not worth more than the eprice3. received
as stated above. But if now or at any time it should prove to
be worth more, I hereby make absolute and irrevocable gift, and
donation to him cof'the excess3 called by law Ynter vibos. To
that end I renounce the laws of the p rdenamiento Real, promulgated in Alcala de Enares, which pertain to purchases or sales
for more or less than half the just price, and the four.years
declared therein to demand one's rights-in case of deception;
but I avow that there is none. From the moment that this contract shall have been drawn up, declared, and granted, I shall
relinquish all my rights to the said lot and shall renounce,
give, and convey the same with all the rights and privileges
pertaining thereto at present, by virtue of usage, custom, laws,
and servitudes or which may pertain thereto in the future, to.
the said Joseph,Peres and his successors, I give him authority
in order that he may and shall take possession of the aforeeaid lot. I obligate myself to make3 the said sale effective
9v
and secure against any person or perstons iho3-//may attempt
to discredit it or to bring suit against the said property3.
When I shall have been enjoined by the said Joseph Peres, his
heirs or succes.sors, I shall pro$ecute the.said suit at my expense until he shall have quiet and peaceful possession of all
Cthe said property3.
If the suit should be lost, I shall be
under penalty to give another lot similar to, as good as, and
as well-,located as that of the said sale plus the improvements
which he may have made on the above-mentioned lot. For the execution of the-foregoing, I bind my person and my present and
future assets; I renounce my own fuero, home, community, and
1^he law of at cumvenerit de Yurisdicione Obnim Yudicum, in order
that I may be compe]:led to the full force of the law to comply
with the contents of this aforesaid contrs.ct as if it were the
definitive sentence.of a comêtent Judgi gi'ven and pronounced
against me.
Furthermore, I renounc°e any and all laws, fueros,
and rights in my favor and defeiise, and the general laws relative to the gener®nunciation of laws. In witness whereof,
I am granting this contract of real sale in,the presence of the
present notary and the witnesses,. namely, Don Patrisio Rrodrigues, _
Don Miguel Nunes Morillo, and Don Martfn Flares, residents of
this said villa of San Fernando, where this was done on the
eighth day.of the Mon.th of June of this year of one thousand
seven hundred forty-seven.
Because tdid not know hdw to write
my name, mybrother, Don Ygnaclo Lorenso, signed this. Is the
notary, certify that this was thus executed in my office. I
also certify that I know the vendor and the witnesses and that
67
their names are as recorded herein. At the request of the
vendor, his brother and the_witnesses signed this with me.
certify.
At the request of my brother, Marcos Cavrrera, I signed
thi s:
Ynasio Lorenso
cRubri c 3
Before me:
co
Fran.
Joseph de Arocha
cRubri c 3
Notary Public and cSecreatry3
of the Cavildo
CD.S. in Cuaderno, September 15, 1747, Pp.9-9v3
0
.so
Be it known to all whom this contract of real
Sale of
sale.and perpetual alienation may concern that I,
a lot by
Joseph de Montemayor, a vesino agregado of this
Jose_de
villa of San Fernando, grant and concede by these
Uontemayor
presents that Y do.hereby sell and convey by real
to Dona.Jo.- sale in perpetuuity, now and forevermore, to T?ona.
sefa Flores
Joseph c sic3 Flores yValdes,.for the said Dona
10
Josepha Flores, her heirs and successors, and
the assign or assigns of the said Dona Joseph Esic3 Flores,.
co
of land, bounded on the south by the lot of Fran. Floree, on
the north by the street between the said lot and that of the
aforesaid Dofia Joseph esi03 Flores, on the east by the street
between ethe said lot3 and the.royal presidio of San.Antonio
de.Vejar,._and on the west by San Pedro Creek. The said lot
measures fifty-seven regular varas from east to west and fortyeight regular varas from north to south. There is no house or
tree or anything else on it except a very old straw jacal/ caba-na.
I am selling it--free from senso, entail, right of primogeniture, debenture, or mortgage--for.the price and sum of fifty
pesos in currency, which the said Joseph Csie3 Floreshas..given
me and which I have received plus three pesos for the cost of
this contract. I hereby acknowledge that I have received the
same in fact and in truth and to my satisfaction; but because
there is no evidence of the payment and delivery of the same,
although it is a fact, I renounce the laws of Nom numrata•
0
pecunia, proof, payment, and exemptions in order that the.con-tents of each and all of them may not be valid for me. I. avow
that the said.lot and cabai3a are not worth more than the said
fifty-three peaos.- But if now or at any time they should prove.
to be worth more,'I hereby make absolute and irrevocable gift
and donation cto him of the exces:s
called by law Ynter bibos.
To that end I renounce the'. 11aws :af the Ordenamiento Real, promulgated- in A,lo-ala de Henares,,.which ..pertain to purchases. or
sales for more or less than half the Just price, and the four
years declared therein to demand one' s;ri.ghts in case of deception; but I avow that there is none. ^From the moment that
this contract shall have been drawn up, declared, and granted.,
I shall relinquish all my rights to the said lot and shall
renounde,
cede, and convey the same to bona Josepfa Flores y
-aldes or her heirs. I am selling the said lot ^^.t^. all the
V
rights and privileges, pertaining thereto at present by virtue
of usage, custom, rights, and servitudes or which may pertain
, :
..
thereto in the future. I give authority to the aforesaid Dona
Josepha Flores in order that she may and shall take possession
of the above-mentioned lot. I obligate myself cto make3 the
said sale effective and secure against any person or persons
lOv
who may attempt to descredit it or to bring //suit against
ethe said property3.
When I shall have been enjoined by Dona.
Josepha.Flores, her heirs, and successors, I shall prosecute
the said suit at my expense until she shall have quiet and
0
peaceful possession of all Cthe said property'. If the suit
should be lost, I shall be under penalty to give her another
lot similar to, as good as, and as well-located as that of the
said sale, plus the improvements which she may have made on
the above-mentioned lot.
For the execution of the foregoing,
I bind my person and my present and future assets; I renounce
my own fuero, home, community,. and the law of Si cumvenerit de
urisdiccione obmium yudieum, in order.that I may be compelled
to the full force of the law to comply with the contents of
this contract as if it were the definitive sentence of a competent judge given and pronounced against me. Furthermore, I
renounce any laws, fueros, and rights in my favor and defense,,
and the general laws relative to the general renunciation of
laws.
In witness whereof, I am granting this contract of real
sale before the present notary and the witnesses, namely, Carlos
Feliz de la Tore, Pedro Peres Vezorra, and Joseph @,uiRones,
residents of this villa of San Fernando, where this was done on
the second day of the month of April of this present year of
one thousand seven hundred forty-eight. Because the vendor did
not know how to write his name, at his.request, one of the
witnesses, namely, Carlos Feliz de la Tore, signed this. It
the undersigned notary, certify that this was so executed in
my office and that I know the said vendor and the witnesses.
At the request of the.vendor, I signed this:
Carlos Elixio Felis de la Torre
cRubric3.
71
Wi tne s s ;
Pedro Pere^
CRubrie3
Before Me:
co
Fran. Jo s eph de Aro oha
CRubr3.e3
Notary Public and cSeeretary3 of the Cav-il o
CD. S. in Cuaderno, September 15, 174'7, pp. 9v-].Ov3
.7
Be it known to all whom this contract of real
2 lots and
sale and perpetual alienation may concern that I,
11
Don &ianuel de Niz, a resident and //regidor of
a house
the villa of San Fernando and one of its first
1
by Don Man.
settlers, with the expresses permission of my
de Niz to
wife, Dona Sevastiana de la Pena, and with her con-
.Sale of
sent, which I requested of my ss.id wife first and
foremost in order to execute, grant, and swear to this contract
and the contents thereof with her; and I, the said Sebastiana
de la Pena, accept and give my consent; and both of us together,
jointly and severally, do hereby renounce the laws of duobus
res de vendi, thapresent Authentics, hoc ysta, de fide,Yusoribus,
and all the other laws, fueros, and rights in favor of those
who bind themselves jointly, in conformity with the contents of
each and all of them in.order that they may not be valid for
us; and I, Don Antonio Rrodrigues Mederos, perpetual senior
regidor of the said villa and its p.resent ordinary alcalde, with
the express permission of my wife, Dona Josefa de Niz, and in
conformity with the provisions of the law, grant and acknowledge that the four of us mentioned.above do by these presents
sell and convey'by real sale in perpetuity,
now and foreverraore,
to Don Thoribio de Vrrutia, captain of the royal presidio of
San Antonio de VeJar, for him his heirs and successors, or
the assign or assigns of the said Captain Don Thoribio de
Vrrutia, two lots, each with a frontage of sixty
varas and a
73
depth of one hundred varas, contiguos, without anyt. division
whatever between them, and enclosed by a wooden fence, with a
stone house nineteen varas square''and a room.of the same material six varas csquare3, with all the improvements on the aforesaid lots and house; the trees and everything else without any
exceptions.
1'he,said lots are bounded on the eaet by the San
Antonio River,"which circles the north side of the said lots
making a bend in the form of a culeurin which makes them triangular or similar to a potrero in .ahape; on the west the said
11v
lots are bounded by the lot // of Jeronimo Flores, with a
co
street intervening between the lot of Fran. Delgado, and on
the south they are bounded by the lot of Miguel de Castro. We
are selling the said two lots and houses, free from senso, en
tail, right òf primogeniture, debenture', mortgage, or any other
liability, for the price_and sum of eight hundred:forty-two
pesos and three reales: five h%andred.forty-two pesos and three
reales in clothing and other goods and three hundred in cash
or draft, which the said Captain Don Toribio de Vrrutia has
given and paid us to our entire sati:sfaction.
We acknowledge
and grant'that the said amount has been delivered and that we
have received it in fact and in truth : and to our satisfaction;
.but because, there is no,evidence of the payment and delivery
of the same, although it is a fact, we renounce the laws of
Nom numerata Pecunia, proof, payment, and exemptions, in conformity with the contents of eae4 and all of them, in order
^
that they may not be valid for us. The four of us, jointly and
severally, avow that the said two lots and houses and all the
appurtenances thereto are not worth more than the said eight
hundred forty-two pesos and three reales which the said Captain
Don T'horibio de Vrrutia has giveM and delivered to us and which
t.,
we have received, But #.f now or at any timeth6yshould prove
to be worth more, we make absolute and ixrevocable gift, cession,
and donation to him Cof the excess3, called by law Ynter vibos.
To that end we renounce the laws of the Ordenamiento Real, promulgated in Alcala de Henares, which pertain to purchases or
sales for more or less than half the just price, and the four
yearsdeelared therein to demand one's rights in case of decep12
tion.
But we avow that there / /is none--deceit, enormous, most
enormous lesion.
From the moment that this eo ntractshail have
been drawn up, declared, and granted, we shall relinquish all
our rights of possession and seignioralty to the aforesaid
houses and lots and ehall renounce, cede, and convey.the same
with all the rights and privilisges pertaining thereto at present
by virtue of usage, custom, laws, and servitudes or which may
pertain thereto in the future, to the said Captain Don Thoriblo
de Vrrutia, his heirs and successors. We give him.full power
and,authority in order that he may and shall take possession
of the two aforesaid lots and houses. We obligate ourselves
cto.make3 the said sale effective and secure against any person
or persons who may attempt to discredit it or to bring suit
against the said property3. When we shall have'been enjoiIIed
75
by the said Captain Dan_Thoribio de Vrrutia, his heir, and
successors, we shall prosecute the sai-d suit at our cost.and
risk from its commencement until definitive`judgment shall
leave him in quiet and peaceful possession of all cthe said
property3.
If the suit should be lost, we ahal1 be under
penalty to give him other houses and two lots as good as and
as well-lseated as those of the said sale, plus the costs,
expenses, damages, losses,ànd interests resulting from and
accrued by the said suit and the improvements which he.rnay have
:made=on the.said two lots and houses. For the. ex6cution and
. _..;,.
paymeMt of the foregoing, we bind our persons and present and
futur;asse.ts; we empower and authorize the justices and judges
of His Majesty of any iocality whatever, and particularly those
of this province of Tejas, to compel iis to observe and comply
Vith the faregoing.
We submit to their juri'sdiction; renounce
our own fuero, home, and'community, the law of Si cunvenerit
de yurisdiccione nbnium yudicum in order that we may be com^-
pelled to the fuil force of the law to comply with the afore12v
said stipulations and payment Has if this contract and its
contents were the"definitive sentence of a competent Judge
given:and pronounced against us-and agreed to by us in a
case that had been tried in court and was not subject to any
form of appeal. Furthermore, we renounce any laws, fueros,
and rights in our favor, and the general laws relative to the
general renunciation of laws; and we, the said Dona Sebastiana
0
9
de la PeFia 4ad Dona Josepha de Niz, renounce the laws of
Veleyano, the new and the old Constitusion, the Toro and
Partida laws, and other laws of emperors in favor and defense
of women, about which we have.been informed by the present
notary, who read and explained them to us. We understand
them and renounce them and all the others which may or shall
be in our favor and defense. We swear in the name of our
Lord God and by the sign of the Most Holy Cross, according
to law, that we shall not make any claims in opposition to
this contract by reason of our marriage, dowry, or paraphernal
and hereditary rights.
We shall not say or allege that we
were influenced, much less intimi dated, by our said husbands
in order to make this contract; for we. avow that we do make
and grant it gladly and of our own free will. In witness
whereof, the four of us, jointly and severally, do hereby
grant this contract of real sale before the present notary
and the`witnesses mentioned herein;.namely, Don Martfn Lorenso
de Armas, Don Joseph Curvelo, Don Juan Joseph de Montes de
Oca, and Don Ygnacio Lorenso, residents of the said villa
of San Fernando, where this was done on the twenty-eighth
day of the month of May of this year of one thousand seven
hundred forty-eight.
I, the said notary, certify that this
contract was thus executed in my office on the aforesaid day,
13
month, and year. I also cer//tify that I know the vendors
and the witnesses mentioned in this contract and that their
77
names are as they appear above. In witness whereof, I signed
this with Don ,Antonio Rrodrigues, who is one of the four
vendors.
Ône of3 the witnesses signed for hi,mse2f and for
the other three said vendors because they did not know how.
This was written on common paper because there was no stamped'
paper.
I certify to all the foregoing..
At the request of Don Ma.nuel de Niz and as a witness,
signed this:
Joseph Curbelo
Rubric3
Antonio Rodriges Mederos
eRubrie3
Before me:
co
Fran.
Joseph de Arocha
ERubri c 3
Notary.Public and cSecretarya of the Cavildo
D.S. in Cuaderno.
September 15, 1747, pp. lOv-133
78
CCross3
Be it known to all whom this contract of
Sale of a
real sale and perpetual alienation may concern
house by
that I. Don Pddro de pconitrillo, a resident
pcon-Ytrillo
of this vi lla o f San F erna.ndo , in this pro vi nce
to Matâs de
of Thejas, grant by this contract that, on my
la Zerda
behalf and in the name of my heirs and successors
and of the assigns which I or they may have, hav-
ing sufficient authority from my said heirs, namely two daughters
and one son, who are living in the villa of Saltillo because of
their own free will they moved with me to that place in order
to improve the lot of my said children; with the full consent
of my aforesaid heirs and children, as has been stated, I hereby
sell and convey by real sale in perpetuity, now and forevermore, to Matfaa de la Serda, a resident of the said villa, and
his.assigns a house of stone and cle;y twelve varas long and
five wide, on a lot enclosed by a wooden fence and with the
13v
dimensions re//corded in the deed or title; namely, sixty varas
square.
I delivered the said title and grant to the said Matfas
In the presence of the present notary. The said lmt, on which
are are planted fifty-seven fftit trees, with all the other
improvements therein is bounded on the east by the San A-ntonio
River, on the west by the street which extends to the propios
lands, on the south by the alley which runs between Cit and3
the house of Sergeant Raso, and on the north by the alley
.whieh runs between' _Cit and3 the lot of Miguel de Castro. All
tYie fo'regoing, as described. iri .tYiis contract, I am eelling, free
from.-senso, entail, right of. primogeniture, inortgage, obligation,
or a ny other liability ' in favor of any person whatever and with
all.the rightsand privilegesby virtue of usages, customs, rights,
andservitudes pertaining thereto at present or which may per-
tain thereto in the:future -for.the priee and.sum of three hundred
pesos cin the form^ of two draaftat against Don Frudencio de pro vio;
y Vasterra payable to ê. I, the present notary, certif^y that
the said I3on. Ped.ro :received them in. the presence of the ^nitnesses,
and was satisfied tYierewith,
Arid I,'the said Don Pedro de Oco-
nitr.illo, acknoa^ledge that the said Dâtâs de la Serda has
delivered to me : arid I have - reoe^.vr^d to `my satisfaction the. sai.d'
three:hundred peso^s. in 'the form of the ;s.bove-mentioned '^cô drafts.
If now or at any tiîe, the said lot and house ahou].d prove $hed
^.}
to be worth more, I hereby_make absolute and irrevocable
gift to him cof the exeess, called by law Ynter vibos: To that
end. I renounee. the la.ws of the Ordenamiento Real, proinulgated
In Alca3.a de Henare's, relative. to purehases or sales for more or
14
//less than half the j ust price, and the four yearsdeclared
therein to demand one'- s right s in case of de cept ion.:
But I avow
that there is,none.=-deceit,enormous, most enourmous lesion.
From the moment that tYiis contract shall have been drawn up,
de,clared, and granted, I shall relinquish allmy:rights of
possession and seignioralty._to the said property and shall
8
renounce', cede, and convey the same to the said Mati"as de la
Zerda, his heirs and.successors and their assigns.
I.giye him
power and authority in order that: he may and shall take possession of the aforesaid house and :lot. I obligate myself Cto makea
the said sale effective and secure against any personor persoris
,anho istay attempt to discredit it, or to bring suit against rthe
said property3.
When I. sha7.1 have been enjoined by the said
Matfasde la Serde., his,heirs .and successors,: I sha]:l -prosecute
the said suit at my costand,r.isk,Promits commencement until.de+
finitive.sentence shall leave them in quiet and peacefulpossession
of all. Cthe said property3. if.the suit
should be.lost, I shall
be under penalty to^ give him'axiother.. hotzse and' 3.ot, as good as
and as well-locatedàs those of the said sale,' plus..the co^sts,
expenses, damages, interests,; arid losses accrued by, the .said
suit, and the, improvements which he may have made on the. said
.lot and'house.
For the execution and:payment, of the foregoing,
I bind my person.:.and present, and future assets. . I.empower and
authorize the justices and .judges of His Pâêsty of any locality
whatever, and particularly tho se of this,province of Thexe.s, to
compel me to
observe
and comply 'with the foregoing. I submit
to their Puero.andJurisdiction and renounce my:own:fuero, home,
and community, the law of 5i eumvenerit de yuri sdiecione omnium
14v
yudicum'//in order that I may be compelled to the full force of
the law to comply with the aforesaid stipulatinns and payment
.as ifthis contract and itscontents were the defini.tive.sentence
43
.of abompetent judge given and pronounced.again$t me and a:greed
to by-me in a case that hadbeen tried in;court and was not sub-
jeet to any form of appeal.
Furthermore;, T-renounce;_all the.
laws, fueros, and rights in my. favor and.def ense,, and especially
the general law relative. to. the general renunciatiori of.. laws..
In witness thereof, I am..granting the present_contract of real
the present notary and the wi,tnesses' men'tioned here-
Rodrigues,.`residents' of this said, villa of San Fernando,
year of one tYiousand seven" hundredforty-eight. I, the
present notary, certify-that thls contract ^roas .thus executed in
my off i ce, that I knoar the v endor and the witnesses,.an
their.names are:as the3i ,appear; herein.
In witness thereof, the.
vendor signed this `'aefore me,, the said, notary, . and the witnesses..
I' certi ^'y to. a2T the foregoing.
De le ted:
should, prove,• are--tôid..
Corrected:
for more--Valid.
Pedro deOcon.Yttrilio
îitness:
Yna.sioLorenso
cRubric3
Witness:
.
Joseph Cur'bel©
CRubric3
At the request of one of the witnesses who did not know
how to write his name, namely Don Patrisio Rodrigues, I signed
this:
Ynasio Lorenso
cNo rubric3
Betore me:
co
Fran. Josepse de Arocha
,Rubric3
Notary Public and
Secretary 3 of the Cavildo
cD.S. in Cuaderno, September 15, 1747, pp. 13-14v3
63.
Exchange
In the villa of San Fernando, the capital of
15
of the province //of TheJas and New Philippines,
made by
on the eighteenth day of the month of July of this
Father
year of one thousand seven hundred forty-eight,
Polanco
co
before me, Fran. Joseph de Arocha,.notary public
and Juan
and cSecretary3 of the Cavildo of the said villa,
Vanul
eo
1
appeared in person Bachelor pon.Fran.
Man. Polanco
and Juan Vanul, residents of the said villa, whom
I certify that I know to be the ones mentioned herein, and
said and eaid that both of them together, jointly and severally
--since they had agreed to barter and exchange their houses,
in order that the said exchange may be effected with the
greatest security for each of the two parties--did hereby appear
to execute according to law the present contract of barter and
exchange in the following manner and form. The said curate
co 1
and vicar, Bachelor Don Fran. M. Polanco, said that he has
in the villa of Saltillo a house which he obtained by gift,
cession, and donation from his father Don Juan Antonio Polanco.
The said house consists of a sala, a room, and a kitchen, two
saguanes, and two.;rooms in process of construction. It is
bounded on the east by the arroyo, on the north by the house
co
of Fran.
Ramos, on the west by the Calle Real, which goes
down from the said villa of Saltillo to the estancias, and
on the south by another house of the said Bachelor. The said
house is free from senso, rent, mortgage, or any other liability
84.
in favor of any person whatever. The said Juan Vanul said that
he has in this villa of San Fernando a house of stone and clay,
which is located on a rincon.or potrero formed by the San Antonio
River called el Desmonte and surrounded on all sides by irrigable lands of the said Desmonte. The said house consists of
a sala with a room made of wood built on to it, a jacal and a
kitchen of wood, a noria, a.lot sixty varas long and fifty wide.15v
It is free from censo, mortgage, //or any other liability in
favor of any person whatever. The said Vanu1 said that he gives
to the said Bachelor this above-mentioned house with all the
rights and privileges by virtue of.usages, customs, rights, and
servitudes pertaining thereto at present or which may pertain
thereto in the future, plus all the ganado mayor he has, his
branding iron, and all the right in action to the said iron
and stock which may prove to be his now or at any time, with
the sole exception of seven breeder cows which the aforesaid
Vanul has bartered for horses for his journey. All the foregoing he gives to the said Bachelor in exchange for the house
mentioned in this contractq which the said Bachelor has in the
villa of 5altillo. cHe said, also that if now or at any time
the said house and stock should prove to be worth more than"
that which the said Bachelor is giving him, he hereby makes
absolute and irrevocable gift, cession, and donation to him
co
of the excess, called by law Ynter vibos. The said Don Fran.
Manuel Polanco said that he acknowledged that he had received
to his satisfaction the said house,Ebrand:ing3 iron, and stock
which the said Vanul had given and conveyed to him in exchange
for his aforesaid house, vhich is located in the villa of
Saltillo and mentioned in this contract; that it at any time
his said house should prove to be worth more, he hereby makes
absolute and irrevocable gift, cession, and donation to the said
Banul cof the excess3, called by law Ynter vibos. And both of
them together, jointly and severally, renounce the laws of nom
numerata pecunia, proof, payment, and exemptions, in conformity
with the contents of each and all of them in order that they
may not be valid for them. They likewise renounce the laws
of the ordenamiento Real, promulgated in Alcala de Henares,
and the four years declared therein to demand one's rights in
case of.deception.
They avowed that there was none--deceit,
enormous, most enormous lesion.
From the moment that this
16
contract shall have been drawn up, granted, and declared,
each of them shall relinquish all his rights of possession and
seignioralty to his said house, ].ot, and the rest and shall
cede and convey the same, each to the other,'respective3y, in
order that each of the two may have as his own the property
given to him by this contract and that he may enjoy it or dispose of it at will. They gave each other power to take possession of the said property3, and in proof thereof, each gave
to the.other a certified copy of this contract, authorized by
the present notary, in order that each may use it when
necessary.
The said Juan Vanul binds himself C'to make3 the
barter and exbhange by this contract of the said house, stock,
and the rest, effective and secure to the said Bachelor against
any person or persons who may attempt to discredit it or to
bring suit against the said property3. When he shall have
been enjoined by the said Bachelor.or his legitimate heirs, he
sha1l prosecute the said suit until he shall be left in quiet
and peaceful possession of all ethe said property3. If the suit
should be lost, he shall give him another house similar to and
as well-located as that of the said exchange, plus the improvements which he may have made on the said house and lot and the
increase in the said stock. To that end the said Juan Vanulo
binds his person and present and future assets. He empowers
the justices and judges of His Majesty to make him observe and
comply with the foregoing as If this contract and the contents
of the same were a definitive sentence given and pronounced
against the said Vanul and agreed to by him. He renounces his
own fuero, home, and community, the law of Si Cumvenerit de
jurisdiecione obnium judicum, all the other laws, fueros, and
rights, and the general law relative to the general renuncia-
co
1
tion of laws. The said Bachelor Don Fran. Man. Polanco said
that he obligated himself cto make the barter3and exchange by
this contract of the said house effective and secure to the
And if at any time anyone should question it or
l6v
bring suit, the said //Bachelor obligated himself to give to
said Vanul.
87
the said Vanul, for the house and stock, three hundred pesos
in currency in the villa of Saltillo in order that the said
Vanul might buy with them another house in which to live because that is the estimate made by the aforesaid Vanul of the
price of the house, Cbranding3 iron, and stock exchanged. To
that end the said Bachelor binds his present and future assets;
he empowers the justices and judges and the priests of his
bishopric, and particularly the MoetIllustrious and Most Reverend Bishop of his bishopric to compel him to observe and
comply with the foregoing.
He renounces the chapter on 5uam
de poenis obduardus de absolucionivus, with whose provisions
he is acquainted,
the other laws, fueros, and„rights in favor
and.defense of priests, and the general laws. In witness there0
of, both of them together,.Jointly and severally, grant this
contract of barter and exohange under the conditions stipulated,
before me,.the present notary, and the witnesses, namely, Don
Christoval Santos Coy, Don Pedro de Oconitrillo, and Carlos de
la Torre, residents of this said villa of San Fernando, where
this was executed and granted. The grantors and witnesses
signed this with me. I certify.
seven--Valid.
Corrected:
cor n
B. D. Fran. DT?anuel Polanco
Juan Banul
cRubric3
cRubric3
cWitness3:
Witness:
1
Xp. de los Santos Coi
^
cRubric3
Carlos Eligio Felis de la
Torre
CRubric3
co
Fran.
Joseph de Arocha
CRubric3
Notary Public and ESecretary3 of the Cavildo
eM.N.3:
This contract was not granted because after it had
been drawn up the grantors decided to make a different agreement.
They signed this with me. I certify.
Void.
co
Fran.
Arocha
CRubri c 3
Polanco
CRubri c 3
D.S. in Cuaderno,
Jun. Banul
CRubric3
September 15, 1747, pp. 14v-16v3
89
In the villa of San Fernando, the capital of the province
of Thexas and New Philippines, on the sixteenth day of the month
of August of this present year of one thousand seven hundred
eo
Josph de Aroch Csic3 notary
forty-eight, before me, Fran.
public and Esecretary3 of the Cavildo of the said villa, and
the witnesses mentioned below, appeared in person Bachelor Don
co
1
Man. Polanco, priest, vicar, and ecclesiastical judge of
Fran.
the aforesaid villa, and Juan Vanul, also a resident of the
17
said villa, both of whom I certify I know are the ones //mentioned herein. They said that, having,agreed to barter and exchange their houses, in order that the said exchange may be
effected with the greatest security for each of the two parties,
and severally
both of them together, jointly/do hereby appear to execute
according to law the present contract of barter and exchange
co
in the following manner and form. The said Bachelor Don Fran.
Polanco said that he has in the villa of Saitillo a house consisting of a sala, a room, a kitchen, two saguanes, and two
rooms in process of construction, bounded on the,east by the
co
arroyo, on the north by the house of Fran. Ramos, on the west
by the Calle Real which goes down from the estancias to the
said villa, and on the south by another house of the aforesaid
Bachelor.
The said house is free from censo, mortgage, or any
other liability in favor of any other person whatever. The
said Juan Vanul said that he has in this villa of San Fernando
a house of stone and clay, located on a rincan or -Potrero formed
0
90
by the San Antonio River and called el desmonte, bouned on
every side by the irrigable lands of the said desmonte. The
said`house consists of a sala with a lean-to of a room and a
kitchen of lumber, a jacal of zacate, and a noria, a lot with
a depth of sixty varas and a frontage of fifty varas. He said
that the said house and lot are free from canso, mortgage,
right of primogeniture, or any other liability in favor of any
person whatever.
The said Vanul said that he gave to the said
Bachelor this aforesaid house with.all the rights and privileges pertaining thereto at present by virtue of usages, customq
rights, and servitudes or which may pertain thereto in the future,,
the ganado mayor which tie said Vanul has at present without
stipulating the number of the said stock because he does not
know what it is since they are at large in the woods, and his
branding iron; that he gives all the aforesaid to the said
Bachelor in exchange for the above-mentioned house which.the
said Bachelor has in the villaòf Saltillo mentioned in this
contract.
If now or at any time the said house, stock, and
branding iron should prove to be worth more than the house of
thesaid-Bachelor,he hereby makes absolute and irrevocable
gift, cession, and donation to him of the excess, called by
co
law Ynter vibos. The said priest,Don Fran. Polanco, said
that he acknowledged that he had received to his satisfaction
the above-said house, branding iron, and stock which the aforesaid Jun Csic3 Vanul had delivered to him and which the said
0
Bachelor had received in exchange for his said house mentioned in this contract which he has in the villa.of Saitillo.
rHe also said3 that if at any time.this his said house, which
he is giving in exchange to the said Vanul, shoulel, prove to be
worth more, he hereby makes absolute and irrevocable gift,
cession, and donation to him of the excess3, called by law
Ynter vibos. Both of them together, jointly and severally,
renounce the laws of nom numerata pecunia, proof, payment,
in -
and exemptions of the law as stated/each of them in order that
they may not be valid for them. They likeevise renounce the
17v
laws of the prde//namiento Real, promulgated in Alcala de
Henares, and the four years declared therein to demand one's
rights in case of deception; but they avowed that there was
none--deceit, enormous, most enormous lesion.
They said that
from the moment that this contract shall have been drawn up,
declared, and granted, each of them shall relinquish all his
rights of posse.ssion and seignioralty to the said house, lot,
and the rest belonging to him, and shall cede and convey the
same the one to the other, respectively, in order that each
of the two shall have possession of the property given to him
by this contract and that he shall enjoy it as his own and may
dispose of it at will. They gave each other power to take
possession of the said property3; in proof thereof, each
gave to the other a certified copy of this contract, authorized
in due formµ,in order that each may use it when necessary.
3
0
Each of the two vendors said that he bound himself Cto make3
the barter and exchange by this contract of the said houses
and the rest effective and secure to the other against any
person or persons who may attempt to discredit it or bring
suit against Ethe said property3,
When each of the vendors
shall have been enjoined Cby the other3 or his heirs, he
shall prosecute the said suit until he shall be left in quiet
and peaceful possession of all the said property3. If the
suit should be lost, each bound himself to give to the other
another house, lot, and the rest similar to and,as welllocated as those of this barter and exchange, plus the improvements which he may have made on them and the expenses that may
have been incurred by virtue thereof. In order to comply
therewith, each of the two above-mentioned vendors bound his
present and future: assets.
The said Vanul renounced his own
fuero, home, and community, the law of Si cumvenerit de Zrisdisione obnium yudicum, the general 1aw.relative to the general
renunciation of laws, and all the others in his favor and
defense.
He empowered :th.e A.ustices and Judges of His Majesty
to compel him to obs-erve.t.he contents of this contract as if
it were the definitive sentence of.a competerit"judge given and
18
pro//nounced against him and agreed to by the said Vanul. The
said Bachelor said that he renounced the chapter on Suam de
poenis obduardus de absolusionibus, with whose provisions he
said he was acquainted, the other laws, fueros, and rights in
SS
favor And defense of priests, and the general laws. In order
to comply therewith, he empowered the ecclesiastical justices
and Judge s of his bi shopri c, and particularly the Most I llustrious Bishop of Guadalajara, to compel him to the full extent
of the law to observe and comply with the provisions of this
contract as if it were the :definitive sentence of a competent
judge given and pronounced against him and agreed to by him.
^-:
In witness thereof, both of them together and each one indi.vidually, jointly and severally, granted this contract of
barter and exchange before me, the present notary, and the
,witnesses, namely, Don Chritoval Csic3 Santos Coi, Don Joseph
Bueno de Roxas, and Carlos Felis de la Tore, residents of this
said villa of San Fernando, where this was executed"and granted
as stated above. The vendors and the witnesses signed this
before me, the present notary public and Gsecretary3 of the
cavildo.
I certify.
Co
Manuel Polanco.
Fran.
,Rubric3
itness:
-Joseph Antoni_o.Bueno de Roxas
GRubric 3
Juan Banul
cRubric3
Witness:
1
Xp. Santos Coi
cRubric3
Before me:
co
Joseph de Arocha
Fran.
,Rubric3
Notary Public and cSecretary3 of the Cavildo
.D.S. in Cuaderno, September 15, 1747, pp. 16v-183
84.
In the villa of San Fernando in the Juris-
9
Power of
diction of Texas and New Philippines, on the twenty-
Father
fourth day of the month of September of the year
Polanco
one thousand seven hundred forty-eight, before me,
to Don
o
Dom.
the present notary, and the witnesses appeared in
co
person Bachelor Don Fran.
Manuel Polanco, priest,.
Gomendio
vicar, and eeclesiastical-judge of this said villa
and the presidio of San Antonio de Vejar, whom I
certify I know to be the one mentioned herein, and said that
in view of the fact that he had begun to exercise the office
18v
of priest of this villa and presidio in the year //of one
thousand seven hundred forty-six on the third of December, and
that His Majesty (may God guard him), had assigned for each,
year of the administration of. the said office the sum of four
hundred fifty pesos, and.that, s^nce.for the collection of
the said salary, he needed'!o have an attorney in Mexico City,
not only for.the said annual collection but for other collections and business that may or shall occur, the said Bachelor
said that he gave and did hereby give such power as was necessary and required by law in order to be valid.to. Don Domingo
Gomendio, a resident and warehouse keeper of Ntexico City,
specially in order that he may appear and he shall appear
before the Most Excellent Viceroy of this New Spain, the
royal officials of the royal treasury of Mexico City to demand, collect, and receive the said four hundred fifty pesos
r
35
of his salary to which he is entitled for the past year of one
thousand seven hundred forty-seven and for the present year of
cone thousand seven hundred3 forty-eight, and for all the other
years of his tenure of office; and generally, for all his business, collection of money, claims, and litiga.tions ,0hich he.may
or shall have with any person or persons of any state, r.ank or
condition whatever.
He shall enter actions against each and
every one of them and defend them before the King.our Lord= 1
(may God guard him), the Most Excellent Viceroy of this New
Spain in his royal audiencias, and before all the Jb.dges, tribunal, and courts, lower and higher, ecclesiastical and secular
before. which he may and should appear according to law. He
shall demand, collect, and receive, judicially or extrajudicially, from any and all perisons any and all amounts in currency,
gold, silver, or other effects belonging to him or in which he
may have an interest legally, by reason of contracts, promisory
notes, drafts, accounts, or for any other reason, even though
the litigants, the debtors, the amounts, or the causes may not
be specified in this power, because he is giving it to him
generally for all the cases that may occur and for all the
things which may belong to him. For the amounts which he may
collect and receive, his said attorney shall give and grant,
in his name, receipts, quittances, cancellations, and lastos,
plus affidavits of receipt, proof of receipt and payment unless
19
payment is made before a notary who may certify thereto. //
0
I
,4ross3 He shall ask for and examine the accounts of person
obligated to render the same to him. He shall file charge.s
against them and hear their pleas of defense, Justly and competently, or settle at will by compromose or agreement any
contentions, suits, or differences.
And whenever, for the,
above-said purposes of this said power, it may be necessary to
institute legal proceedings, he may appear and he shall appear
before each or all of the afore-mentioned tribunals and Justiees
to make and present claims, petitions, requisi.tions; contradictions, accusations, refutals, protests, allegations pro or.
con, and answer the charges of the opposition.. CHe _ shall
make3 imprisonments and releases therefrom, seizures and sales,
selling at auction such effects as he may take possession of
and seize.
He shall prosecute and defend^claims, present writs,
memorandums, petitions, affidavits,- witneases, and proof.
He
shall obtain froffi the archives and the authorities in charge
authentic copies of the papers and the records which he may
or shall be entitled to use. He shall give proof and bond
and refute the allegations of the optiosition. He shall endorse
.favorable allegations made by witnesses in person or presented
in writing.
tion oaths of truth, of calumny, decisory; and of yn liten. He
shall ask for ordinary and ultramarine terms, for restitution,
resu$s 4udges or waiver. He shall recuse Judges, lawyers,
clerks, notaries, and other officials if advisable. He shall
97
19v
close legal proceedings, hear decrees and sentences, //
interlocutory and definitive, acquiescing when favorable and
when unfavorable appealing and applying for a new trial and
prosecuting it until definitive sentence cshall have been
rendered3.
execution,
He shall obtain royal decrees granting writs of
summons, and compulsion, letters of equity and
other documents in the favor and interest of the grantor.
For to that end and.for all accessory and relevant actions,
he hereby grants him this aforesaid general power with the
authority to institute legal proceedings,
swear to oa.ths,
make substitutions in whole or in part, to remove substitutes"
and appoint others.
He revokes, annuls, and declares to be
null and void any and all instruments, powers, and memorandums
which he may have granted and made prior to this, in writing
or by word of mouth, in order.that none shall be valid in legal
proceedings or out of court save this which he now gives and
grants as stated above.
The grantor said that for the execu--
tion of the foregoing, or the contents of this said power,
and.of whatever may be done or may-occur by virtue thereof,
he bound his present and future assets. He empowered the
justices and Judges of His Majesty of any locality avhatever,
and particularly the Very Illustrious Bishop of Guadalajara,
to who$€ fuero and jurisdiction he submits, in order that
they may compel him to comply with the contents of this power
as if it were the definitive sentence of a competent Judge
given in a case that had been tried in court and agreed to
36
20
by the grantor. He re//nounces the chapter on Suam de Penis
eduardus de absolusionibus, with whose provisions he said he
was acquainted, the general laws, and all the others in his
cb
favor and defense. Thus did the said Bachelor Don Fran.
Manuel Polanco grant and sign this; the witnesses to his making this grant were Don Christoval Santos Coy, Don Alberto
Lopez Aguado y Villafuerte, and Carlos Feliz de la Tor.re, residents of this said villa, where this was done and granted
on the said day, month, and year. In order that it might be,
recorded, the said grantor and the witnesses signed this before
co
me, Fran.
Joseph de Arocha, notary public and esecretary3
of the cavildo
-^.^ of this aforesaid villa. I certify.
co
Fran.
Manuel Polanco
cRubric 3
Carlos Eligio Feles de la Torre
^Rubri c 3
. Witness:
Witness:
1
Xp. Santos Coi
Alberto LoPez Agudo Billafuerte
Rubrie3
cRubric3
Before me ;
co
Fran.
Joseph de ,Arocha
cRubric3
Notary Publi c and cS ecretary3of the
Cavildo
CD.S. in Cuaderno, 4ep-tkaber- ^, 1747, pp. 18-20^
JV rrC
Sale of two
real sale and perpetual alienation may concern,
houses and
that I, Don Thoribio de Vrruttia, captain with
lots by Don
tenure for life of this royal presidio of San
Toriblo de
Anttonio de Bejar, in this province of Thexas
Vrrutia to
1.
Crist. de
and New Philippines, grant by these presents,
los Santos
that.on my behalf and in.the name of my heirs
20v
//and of my assigns or theirs, I do.hereby sell
and convey by.real sale in perpetuity, now and
f orevermore,.to Don Christobal de los Santos Coi, a resident
of this villa of San Fernando, and to his assigns two lots
with two houses of stone, one nineteen varas csquare3 and the,
other next to it and six varas Esquare,, with all the improvements, fruit trees and other plants on.the said two lots,
which have a depth of two handred one hundred fifty varas and
a frontage of one hundred twenty. They are bounded on the
north by the San Antonio River, on the south by the lot of
Miguel de Castro, on the east by the San Antonio River, and
on the west by the royal street called del Rfo. All this, as
contained in this contract, I am selling--free from censo,
entaii, right of prirnogeniture, mortgage, memorandum, or any
other liability held by any person whatever against the abovesaid lots and houses, with all the rights and privileges pertaining thereto at present by reason of usage, custom, rights,
and servitudes or which may pertain thereto in the future, for
ice
the pri ee and sum of six hundred sixty-two pesos in currency
which the said Don Christobal de los Santos Coy has given
and paid me to my,satisfaction. I, the said Captain Don
Thoriblo de Vrrutia, acknowledge that I have received the
said sum of six hundred sixty-two pesos in truth and in fact
21
and to my satis//faction; but because.there is no evidence
of the payment and delivery of the same, although:,a x is a
fact, I renounce the laws of nom numerata pecunia, proof,
payment and exemptions as stipulated in each of them in
order that they may not be valid for me. I avow that the
said lot and house csic3 are not worth more than the said
six hundred sixty-two pesos which the said Don Christobal
de los Santos Coy has delivered to me.and which I. the said
captain, have received.
But if now or at any:time, they
should prove to be worth more, I hereby make absolute and
irrevocable gift, cession, and donation to him of the excess,
law
called by /"executed intter vivos.11 To that end I renounce
the laws of the Ordenamiento Real, promulgated in Alcala,
de Henares which pertain to purchases or sales for more or
less than hal.f the just price and.the four years declared
therein to.demand one's rights incase of deception; but I
avow that there is none--deceit, enormous, most enormous
lesion.
From the moment that this contract shall have been
drawn up, declared, and granted, I shall relinquish all my
rights of possession and seignioralty to the aforesaid lo.ts
101
and house Csic3 and shall renounce, cede, and convey the same,
with all the rights and privileges pertaining thereto now by
reason of usage, custom, rights, and servitudes or which may
pertain thereto in the future,, to the said Don Christobal
21v
de //los Santos Coy, his heirs, and successors. I give him
full power and authority in order that he may and shall take
possession of the above-mentioned houses and lots. I obligate myself Cto make3.the said sale effective and secure
against any person or persons who may attempt to discredit
it, to bring suit against the said property3. When I shall
have been enjoined by the aforesaid Don Xptobal de los Santos
Coy, his heirs, and successors, I shall prosecute the said
suit at my cost and risk from its inception until final sentence shall leave him in quiet and peaceful possession of
all the said property3. If the suit should be lost, I shall
be under penalty to give him two other houses and lots as
good as and as well-located as those of the said sale, plus
the costs, expenses, damages, and interests resulting from
and accrued by the said suit and the improveme.nts which he
may have made. For the execution and payment of the foregoing, I bind my person and present and future assets; I
empower and authorize the justices and judges of His Majesty
of any locality whatever to compel me to observe and comply
with the foregoing.
I renounce my own fuero, home and com-
munity, and the law of Si combeneri de iurisdictione omium
102
22
iudicum, in order that to the full force of //the law, I
may be compleled to comply with and pay the foregoing, as
if this contract and its contents were the definitive sentence of a competent Judge given and pronounced against me
and agreed to by me-in a case that had been tried in court
and was not subject to any form of appeal. Furthermore, I
renounce any fueros, laws, and rights in my favor and defense,
and the general law relative to the general renunciation of
laws.
Thus did the said Captain Don Thoribio de Vrrutia
grant and sign this in this viila of San Fernendo, on the
second day of the present month of October of the year one
thousand seven hundred forty-eight, before me, the present
notary and the witnesses, name]:y^ Don Albertto Lopez Aguado
co
de Estrada, and Carlos Felis Vel.is
y Villafuertte, Don Fran.
de la Thorre, residents of this said villa, I, the notary,
certify that I know the vendor-and the witnesses, who signed
this with me. I certify.
Deleted:
two,hundred varas--Void.
Thoribio de Vrrutia
CRubric3
Carlos Eligio Veles de la Torre
cRubric3
Witness:
Alberto Lopez y
Billafuerte
cRubric3
Before me:
co
Frran.
Joseph de Arocha
CRubric*3
ED.S. in Cuaderno, September 15, 1747, pp. 20-223
104
cCross3
Will of
Mateo
P erez
In the name of Almighty God and of the ever
Virgin Mary, our Lady.
Be it known to all whom this testament may concern, that I, Mateo Peres, a resident of this villa
of San Fernando, the present ordinary alcalde of the same,
and a native of the villa of el Juco, being sick in body but
sound in mind and will and in my normal Judgment and memory,
believing.as I do, firmly and truly, in the high and sovereign mystery of the Most Holy Trinity: Father, 5on, and Holy
Spirit, three distinct persons and only one true God, and all
the other tenets and beliefs of our Holy Roman Catholic Mother
Church, do hereby make public declaration that I have lived,
am now living, and expect.to die in that.faith; that fear22v
ing death, to which //e.ll living beings are subject, and
desiring to save my soul, I do hereby execute this my testament as follows:
First, I bequeath and commend my soul to our Lord God
who created it and redeemed.it with the infinite price of
His most preeious blood, and I beseech His Most Holy Majesty
to take it to Glory, for which it was created; and my body
I bequeath to the earth from which it was made, that it may
return there to.
Item, I direct that when, by the will of our Lord God,
I shall be taken from this present life to eternity my body
105
be buried in the parochial church of this villa, in the north
transept; that the priest attend my funeral wearing his surplice, with a cruoifer; that a mass be sung with its vigil
and a eatafaique, on the day of my burial if the hour is
suitable, if not, on the following day; and that.the alms
be paid from my estate.
Item, I direct that my body be shrouded in the habit of
our Seraphic Father Saint Francis,.which request I make now
for the love. of God; and that the alms be paid from my estate.
Item, I direct that if it shall please our Lord God to
take me from this present life to eternity, fifty masses be
said for my soul.
Item, for the compulsory.beqnests, the HoiSt Church,of
Jerusalem and the ransom of captives, I bequeath three grown
cows, two for the Holy Church and one for the ransom of captives.
Item, I direct that a mass for the blessed souls in purgatory, which I owe, be said before I the if possible, if not,
at-the earliest moment; and that the alms be paid from my estate.
Item, I owe the heirs of Joseph Rramos six pesos, I declare thi's in order that they may be paid from my estate.
Item, I declare that Captain Don Thoribio de Vrrutia owes
me, for the time I was lieutenant of his company, the sum of
three hundred sixty pesos, the balance unpaid. I declare this
23
in order that my executor shall col//lect it.
Item, I declare that Jeronimo Flores, a resi.dent of this
villa owes me one stallion..
Item, I declare that Pedro Chiver owes me one stallion.
I declare this in order that.it may be collected.
Item, I declare that Miguel Guera Ceic3 owes me one
stallion.
I declare this in order that it may be collected.
Item, I declare that Jetrrudes de la Crrus, the wife
of Joseph Lisardo, owes me for the material for a skirt of
serge and the accessories for it, and sixteen pesos. I
declare this in order that it may be collected.
Item, I declare that Dominga owes me eight pesos and four
reales.
I declare this in order that they may be collected.
Item, I declare that Don Alberto Lopez owes me six pesos.
I declare that DQatâs de la Serda owes me twenty-four
pesos.
I declare this in order, that they may be collected.
Item,.I declare that my son-in-law, Don Manuel de Caravajal owes me three varas of cretonne cloth. I declare this
in order that they may be collected.
Item, I declare that the priest owes me five pesos and
four reales. I declare this in order that they may be collected.
Item, I declare that I owe Amador Guerra three pesos.
declare this_in order that.they may be paid.
Item, I declare that Jetrudes, the widow of Joseph de
Sosa, owes me twelve pesos. I declare this on order that
they may be collected.
Item, I declare that Ana Garzfa ow es me six pesos in
corn.
Item, I declare that Don Di ego Ramon owes me six fanegAs
of corn for a steer that I gave him. I declare this in order
that they may be collected.
Item, I declare that Antonio Ximenes ovaee me' five fanegas
corn.
.23v
//Item, I declare that to each of my sons I gave six
horses with their trappings, but none to my daughter Maria
Antonia.
I declare this in order that the may receive their
equiva].ent.in valuue.
It em, I declare that from the cattle I have and have
raised, I have designated one cow for each of my children;
that my son Gaviel Csic3 Peres has removed his cow and its
offspring from my possession to take them to the presidio
of Santa Rroza; that those which my son Joseph Peres has
are branded with his brand; that those of my sons Baltasar
de los Reyes and Luis Peres are mixed with the others and they
Will recognize them.
Item, I declare that I have and am leaving two hundred
head of cattle, more or less, in addition to those belonging to my children. I declare this in order that it may be
recorded.
ice
Item.. I declare that in the horse herd of the presidia
I have twelve of my saddle horees and work horses. I declare
this in order that it may be recorded.
Item, I declare that I am leaving a herd of sixteen
mares.
I declare this in order that it may be record9d.
co
Item, I declare that my servant Juan Frran. owes me
eighty pesos.
I declare this in order that they may be
collected.
Itern, I declare that I have and am leaving my horse
trappings and saddle, and a walking cane.
Item, I.declare that in my personal clothing I have two
raglans of cretonne cloth. I declare this in order that it
may be recorded.
Item, I declare that I have two shirts, two scarves,
two pairs of trousers of plush, one pair of wool, and some
buttons.
I declare this in order that it may be recorded.
Item, I declare that I have two yokes of tame oxen, one
carreta, two axes, one hoe, two pikes, three-plows. ?' declare this in order that it may be recorded.
Item, I declare that I have three pairs of leather shoes,
three sheets, three blankets, three pillowe. I declare this
in order that it may be recorded.
Item, I declare that I am leaving constructed on the lot
24
on which I live one room //of stone and another old one of
adobe.
The said lot and houses are free from censo, mortgage,
^0 9
or any other liability. I declare this in order that it may
be recorded.
Item, I declare that I.am leaving two chests with trays
and keys, six soap boxes, one hat box with its padlock. I
declare this in.order that it may be recorded.
Item, I declare that I am leaving two benches, two
chairs, one small table with its cover. I declare this in
order that it may be recorded.
Item, I declare that in one of the chests,there are two
chemises and a serge skirt that. be2onged to my late wife. I
declare this in order that it.may be recorded.
Item, I declare that I have as kitcYien utensils one size
kettle, one metate, one frying pan, one comal, one brass mortar,
and five brass utensils.. I declare this in order that it may
be recorded.
Item, I direct my executors that; in view of the fact
that Rrosa Peres,mestiza, was born and reared in my home
as my own daughter, she be given six breeding cows, and that
her son, Joseph blarla, who is working for me, be given two
breeding cows and two of my horses and a saddle in.order that
at my death he may take them to his mother; and that these
cows, horses, and saddle shall belong to the boy. I declare
this in order that it may be so executed.
Item, I declare that, for having served me while I was
well, taken care of me while I was ill and of my wife while
she was ill, Marfa de Saragoza be given from my stock six
11.
breeding cows and one bull. I declare this in order that it
may be executed by my executors.
Item, I appoint as testamentary executors my son-in-law
Don Manuel de Caravajal and my son Joseph Peres, to whom I
give full and complete power to sell whatever may suffice to
comply with and pay the bequests and legacies of this my
testament.
iously.
Furthermore, I charge them cto do 803 conscient-
Whatever thay shall do by virtue thereof, it is my
last wish that it be3 as if I had executed it myself. In
24v
.the execution and payment of all my //testament, I charge
them
to be3 conscientious and not delay the execution of the
same.
Item, I declare that I was married to Ntarfa de San Juana
Quintana, may she rest in peace, according to the precepts of
our H61Y Church; and that from our marriage we had.JaviEl Csic3
Peres, Joseph Peres, Baitasar de los Rreyes Peres, Mari'a Antonia
Peres, Luis Peres. I declare all five of them my legitimate
children by my said wife.
Item, I declare that the little property that we have we
obtained together while we were married...I declare this in
order that, it may be recorded.
Item, I direct that this my testament be paid from my
estate.
I declare this in order that it may be executed.
Item, I declare, institute, and name as heirs of all
my estate my above-mentioned children in order that they shall
have and inherit it equally, with the blessing of God and
my blessing; for that is my last will. Thus did the aforesaid. Don Mateo Peres, the present ordinary alcalde of the
said villa grant this., He did not sign because he said his
pulse was not steady enough to do so. It was signed at his
request, by one of the witnesseshwho were Don Alberto Lopez
Aguado y-Villafuerte, Don Amador Guerra Canamar, and Matfas
de la Serda, residents of this said villa, before me, the
present notary public and Csecretaryj of the cavildo. I
certify.
At the request of Don Mateo Peres and as a witness, I
signed this:
Aluertto Lopez
CRubrica
Witness:
0
Ju. Amador Guerra
cRubri c 3
Before me:
co
Fran. Joseph de Arocha
CRubric3
^D. S. in Cuaderno, September 15, 1747, 'pp. 22-24v3
112
25
//Be it known to those whom this contract of
Sale of a
real sale and perpetual alienation may concern that
].ot by Ber-
I. Don Bernabe de Caravajal, alferes reformado of
nabe Cara-
the royal presidio of San Antonio de Vejar, and.
bajal to Don a resident of this villa of San Fernando, grant
Toribio de
and acknowledge by these presents that I do hereby
Vrrutia
sell and convey by real sale in perpetuity, now
i and forevermore Amen, to the present captain of
the royal presidio of San Antonio de Vejar, Don Thoribio de
Vrrutia, for the said captain, his heirs, successors or assigns,
.: ,
one lot fifty varas square with all the trees and plants planted
on it, a.stone house sixteen varas square and enough stone for
a bastion of four varas within the space of the sixteen varas.
0
Thesaid house and lot are bounded on the north by one belonging to my. sister Antonia de Caravajal, on the south by the street
co
which runs between it and the house of Fran. de Estrada, on
the west by the house of the heirs of my uncle Don Mateo de
Caravajal,.on the east by North Street. I arn selling the said
house, free from senso, entail, right of primogeniture, debenture, or mortgage.in favor of any person whatever, for the price
and sum of four hundred fifcty3 pesos in currency which the said
captain has given, paid, and delivered to me and I have received.
I acknowledge that I have received the same in truth and in fact
and to my satisfaction; but because there is no evidence cof payment3 and delivery of the same, although it is a fact, I renounce
^13
the laws of nom nCumerata3 peeunia, proof, payment,, and exemptions,
as expressed in each of them //in order that they,may not be valid
for me. I avow that the said lot and house,of this sale are not
worth more than the four hundred fifty pesos which the said captain has given me and I have received. But if now or at any
time it should prove to be worth more, I hereby make absolute
and irrevocable gift and donation to him of the excess, called
by law Fnter vibos. To that end I renounce the laws of.the ordenamiento Aeal, promulgated in Alcala de Enares, which pertain
to purchases or sales for more or less than half the Justprice,'
and the four years declared therein to demand one's rights in
case of deception; but I avow that there is none--deceit, enormous,
most enormous lesion.
From the moment that this contract shall
have been drawn up, declared, and granted, I shall relinquish
ail my rights to the said lot and house and shall renounce, cede,.
.and convey the same to the said captain, his heirs, and $uceessors,
with all the rights and privileges pertaining thereto at present
by reason of usage,.custom, rights, and servitudes or which may
pertain•theretoin the future. ,I give him authority in order
that he may and shall take possession of the above-mentioned
lot and house, with a wooden fence, and everything else pla•nted
or contained therein. I obligate myself to mak.e3 the said sale
effective and secure against any person or persons who may
attempt to discredit it or to bring suit against him. When I
shall have been en3oined by the said captain, his heirs, and
0
successors,'I shall prosecute the said suit at my cost and risk
until he shall be left in, quiet and peaceful possession of àll
ethe said property3.
under penalty to give him another lot and house as good as and
as well-located as those of this said sale, plUs the improvements which he may have made„thereon. For the execution and
26
payment of the foregoing, I bind my person and pres//ent and
future assets; I renounce my own fuero, home and community,
the law of Si eumvenerit de iurisditione obmin yudic3um in orde.r
that to the full force of the law I may be compelled to comply
with the contents of this contract as if it were the definitive sentence of a competent Judge given and pronounced against
;;F.,.;:;.:<.
me in a case tliat
had been tried in court, and agreed to by me.
;
Furthermore,. I renaunce all thê l.awe, fueros, and rights, in, my
favor and defense, and the general laws relative to the general
renunciation of laws. In witness whereof, I am granting this
contre.ct of real sale before the present notary and the witnesses,
namely, Don Alberto Lopez, JUa.n.:. de Amador Guera- Csic, Canamar,
and Geronimo de la Gruz, residents of this said villa of San
Fernando, where this was clone on the secpnd; day of the month
of November of this present.year of-one thousand seven hundred
forty-eight.
I, the preeent notary, certify that this contract
was granted in my office on the day and year stated herein.and
that I know the vendor.,.and the witnesses. In witness whereof
the said vendor and the witnesses signed. this with me. I certify.
115
Bernabe Carabaxal
cRubrica
Witness:
0
Ju. Amador Guerra Canamar
CRubric3
-Before me:
co
Fran. Joseph de Aroeha
cRubrie3
Notary Public and c6ecretary3of the Cavildo
cD. S. in Cuaderno, September 15, 1747, pp. 25-263
116
,
coross,
Be it known to all whom this contract
Sale of farm
of real sale and perpetual alienation may
lands by Joae
concern, that I, Joseph de Montemayor, a
de Montemayor
vecino agregado of this villa _of San Fe.r-
to Don Juan Jose
nando, grant and acknowledge by these pre-
Montes
sents, that I do hereby sell and convey by.
real sale in perpetuity, now and forever-
more, Amen, to^Don Juan Joseph de Montes de Oca, a resident of
the said villa, for the said Don Juan Joseph, his heirs, suc26v
cessors, and his assign or assigns //the portion of arable
lands, water from the Nadadores River, and pasture lands, in
the place called El Sau's, in the jurisdictionof the province
of Quaguila, which my wife Marfa Flores y Valdes, his wi€e,
cinherited3,as one of three heirs.
The said lands are bounded.
on the east by the lands of Joseph Sanches, on the west by
Cthose of3 Simon Sanches, on the south by the land of the priest
Don Joseph Flores, on the north by the said. Nadadarea River:
My late wife inherited the sUiddiands from my father-in-law,
Nicolas Flores de VaZd,es Quinones, as a legitimate daughter
by legitimate marriage.
During•my absence, my said wife, in
her efforts to support our children and by reason of a prolonged illness from which she died, was forced to obtain, by
virtue of the said lands, from Don Juan Joseph de Montes de
oca the sum of two hundred pesos. This is the price which,
0
117
by way of settlement, I am making to the above-meb.tioned,Montes
de p ca for the said lands. Because there was no time to draw
up and grant to..hira a contract, he char-ged.me that as a consci-entious duty I should grant him one as I am hereby doing by,
this present document, in the name of my late wife and of my
children, for the very price and amount of two hundred pesos
which my said wife,_;and children received from the above-mentioned Don Juan Jaseph de Montes de pea. I know this to be
a ifAct and that at the time when the said- maney was received
and the agreement was made .- ke witnesses were my brother-inle.w, Joseph Flores y. Valdes Qdiônes and Domingo Flores de
Avrrego, residents of this said,villa of San Fernando. The.
present notary also was notified of it by my said late wife.
27
In //view of the foregoing, and in the name of my aforesaid
late wife, as stated above,.I hereby grant this contract of
real sale and perpetualalienation before the present notary`
and the^,witnesses mentioned below, for the said two hundred
pesos, which as has been stated, my late wife received from
the said Don Juan Joseph de Montes de Oca. The said lands
are.free from se
_ nso, entail, ra.gHt of primogeniture,or any
other liability_.in favcr of any person whatever. CI am sel1ing them, for the aforesaid two hundred pesos which my wife
and children received andspent. I, the said Joseph de Montemaior acknowledge this to be to my satisfaction because I know
that my late wife and children received them in truth and in
fact.
But because there is no evidence of payment and delivery
of the same although it is a fact, I renounce the laws.of Nom
numerata pecunia, ^roof, payment, and exemptions as expressed
in each of them in order that they shal:i not be valid for me
or my aforesaid children. I avow that the.said lands and water
are not worth more than the said two hundred pesos that my late
wife and children received and spent. But if now or at any
time they, should prove to worth more, in the name of my said
children, I do hereby make absolute and irrevocable gift,`cession, and donation to him of the excess, called by law Ynter
vibos.
To that end I renounce "the laws of the Ordenamiento
Real, promulgated in Aleala de Henares, which treat of sales
for more or less than half the just price and the four years
declared therein to demand one's rights in a case of deception;
but I avow that there is none--deceit, enormous, most enormous
27v
drawn up, deelared, //and granted, I shall relinquish all my
lesion.
rights, and my children's rights to the said lands and water
and shall renounce, cede, and convey the same to the said Don
Juan Joseph de Montes de Oca, his heirs, successors, or assigns.
I give him authority in order that he may and.shall take possession of the said lands and water. I obligate myself Cto
make3 the said sale effective and secure against any person or
persons who should attempt to discredit it or to bring suit
against him.
^
When I shall have been enjoined by the said Don
11
9
Juan Joseph de Montes de Oca, his heirs, and successors, I
shall prosecute the said suit at my cost and risk tantil he
shall be left in quiet and peaoeful possession of all the
said property3. If the suit should be lost, I shall be under
penalty to give him back his two hundredpesos, plus the annual
interest on.them, and all the improvements which he may have
made on the said lands. For the execution and payment of the
foregoing, I bind my person and present and future assets. I
renounce my own fuero, home, and community, the law of Si cumvenerit de iurisdiesione obnim yudicum in order that, to the
full force of the law, I may be compelled to comply with the
contents of this contract as if it were the definitive sentence
of a competent judge given and pronounced against me in a case
that had been tried in court. Furthermore, I renounce all the
laaws, fueros, and rights in my favor and defense, and the general
laws relative to the general renunciation of laws. In witness
avhereof, I am granting, as has been stated, this contract of
real sale In the presence of the present notary and the witnesses,
namely, Don Alberto L6pez, Don Martin Flores; and Don Ygnasio
Lorenso. de Armas, residents of this said vi^la, twhere this was
28
done on the.eighteenth day //of the month of March of this year
of one.thousand seven hundred forty-nine. I, the said notary,
e.ertify that this was granted in my office, that the sale was
made by the late Maria Flores, and that I know the vendor and
the witnesses.
0
Because the vendor did not know how to write
120
his name, at his request, one of the w3.tnesses signed with me,
the said notary. I certify.
At the request of Josephe Montes, the vendor, I signed this:
Alberto Lopez
CRubric3
Ygnaci o Lorenso
Martfn F].ores
,Rubric3
cRubric3
Before me:
co
Fran.
Joseph de Arocha
cRubri c,
cD.S. in Cuaderno, September 15, 2747, pp•
26-28 ,
121
.Sale of 1
lot by Father
1
co
that I, Bachelor pon. Fran.
Man. Polanco, priest,
Polanco to
1
Crist. de
San Fernando, the presidio of San Antonio de
los Santos
V'exar, and their jurisdictions, grant and ac-
vicar, and ecclesiastical judge of this villa of
knowledge by this present contract-that I am selling and conveying by real sale in perpetuity, now and forevermore,
to Don Chrrixtoval Csic3 Santos Coi, a vesino agregado of this
villa of San Fernando, and to the assigns of the said Don Chrrixtoval Santos Coi, one lot sixty varas long and fifty wide, surrounded by a wooden fence, with a house of stoneeand clay, a
jacal of zacate, a.kitchen and a room of wood, and a noria,'plus
.a branding iron and all the rights pertaining thereto and all the
ganado mayor branded with the said iron. The said house, lot,
branding iron, and stock I obtained from Juan Banul, master blacksmith and former resident of this said villa, by barter and exchange, for a house in the villa of Saltillo which I gave him
as is recorded in the contract which I and the said Vanul exeouted before the present notary. The said lot and house are
situated in the desmonte, bounded on the north by the corrales,
on the- soutA by the street which leads into the pueblo of San
Antonio, on the east by irrigable lands, on the west by the
street between them and the house of the said Don Chixtooal
28v
and
Csic3.
//The said lot, house, stock, branding iron,/the rest
•
I am selling, free from senso, entail, right of primogeniture,
122
or mortgage in favor of any person, for the price and sum
of three hundred pesosnin currency which the said Don Crrix
tova? Santos has given me and I have received. I acknowledge
that I have received them in truth and in fact and to my satisfaction; but because there is no evidence of the payment and
delivery of the same, although it is a fact, I renounce the
laws of Nom numerata pecunia, proof, payment and exemptions,
as stated in each of them in order that they may not be valid
for me. I avow that the said lot, house, stock,branding
iron, and the rest of this sale are not worth more than the
three hundred pesos which the said Don Chrrixtoval has given
me and I have reoeived; but if now or at any time, they
should prove to be worth more, I hereby make absolute and.
irrevocable gift, cession, and donation to him of the excesa,
called by law Ynter vibos. To that end I renounce the laws
of the Ordenamiento Real, promulgated in Alcala de Enares,
which treat of purchases or sales for Emore or less than3 half
the just price, and the four years dec].ared therrein to demand
one's.rights in case of deception.
But I avow that there is
From the moment
that this contract shall have been drawn.up, granted, and declared, I shall relinquish all my rights to the said house,
lot, branding iron, and stock, and shall renounce, cede, and
convey the same to the said Don Chrristovaz Santos Coi, his
heirs, and successors, with all the rights and privileges
123
pertaining thereto at present by reaeon of usage, custom, rights,
and servitudes, or that may pertain thereto in the future. I
give power and guthority to the said Don Christoval Santos in
order that he may and shall take possession of the.aforesaid
lot, house, branding iron, stock to use as his own. I obligate
myself cto make3 the said sale effective and secure against any
person or persons who may attempt to discredit it or to bring
suit against him.
When Ishall have been enjoined by the said
Don Chrristaval or some one else acting in his stead, I shall
prosecute
the said suit3 at my cost and risk until he shall.,
be left in quiet and peaceful possession of all the said property.
If the suit should.be lost, I shall be under penalty
to give him another such house, lot, stock, and branding iron,
as.good as, and as well-located as those of this said sale,
plus the.improvements he may have made on the said house and
the increase in the said stock. For the execution of the fore29
going //I bind my present and future assets; I renounce the
chapter on Suam de penis eduardus de absolusionibus, with whose
provisions I am acquainted, and the laws, fueros, and rights
in favor and defense of priests, and the general laws. I empower the ecclesiastical justices and. judges of my bishopric,
and pa.rticularly the Most Illustrious Bishop of Guadalajara
in order that, to the full force of the law, I may be made
s
to comply with the contents of this contract as if it were
the definitive sentence of a competent judge given and pronounc6d
12 4
®
against me in a case that had been tried in court and agreed
to by me. In witness whereof.I am granting this present contract before the undersigned notary and the witnesses, namely,
Carlos Feliz Veliz de la Torre, Amador Guerra Cananamar Csic3
and Don Alberto Lopez, who signed this with me before the present notary.
I, the said notary, certify that.the said Bachelor
did so grant the said contract, as recorded herein, in my office
and that he and the witnesses signed it. I also certify that
I know the said eendor and the witnesses and that their names
are as they appear herein. This was done on the twelfth day,
of the month of April of the year one thousand seven hundred
forty-nine.,
r
co
B. Fran.
Manuel Polanco
Rubric3
Witness:
o
cRubric3
Before me:
co
Joseph de Arocha
Frran.
CRubric,
Notary Public and ESecretary3of the Cavildo
D.S. in Cuaderno,
9
September 15, 1747, pp. 28-293
Be it known to al].whom this contract of
Sale of a
house by
that I, Don Thoribio de Vrrutia, captain of the
Don Toribio
royal presidio of San Antonio de Vexar and jus-
de Vrrutia
ticia mayor of this villa of San Fernando, grant
0
to Don Ant.
and acknowledge by this present contract that
Rodri gue z
I do hereby sell and convey by real sale in per-
petuity, now and forevermore, to Don Antonio
29v
Rodrigues Me//deros, a resident and regidor of the said villa,
and to the assigns of the saidDon Antonio, a house of stone,
demolished by two floods, a jacal of z.acate,
the lot on which
the-said house is situated, twenty varas wide and as long as
those contiguos to it, two suertes of land on the south side
of the aforesaid villa with water for twenty-four hours every
twenty days.
These lands Cwere granted3, under the conditions
Cstipulated3, to the founders of the said villa and with all
N
the rights and actions. I obtained from Don Juan Leal Albares,
a resident, regidor, and first settler of this villa, all the
foregoing, which he received, as one of the said first settlers,
as.a grant from His Majesty (may God guard him), and sold to
me as recorded in a contract. I am selling all the foregoing-free from senso, entail, right of primogeniture, or mortgage
in favor of any person whatever--for the price and sum of three
hundred thirty-three pesos, which the above-mentioned Don Antonio Rodrigues has given and delivered to me and I have received
_0
i 2
to my entire sati,sfaction.
But because there is no evidence
of the payment and delivery of the same although it is.a fact,
I renounce the laws of nom numerata pec unia, proof, payment,
and exemptions, as recorded in each of.them in order that they
may not be valid for me. I avow that the said lands, water,
house, lot, and the rest cincluded3 in this sale are not worth
more than the three hundred thirty-three pesos whi.ch the.said
Don Antonio Rodrigues has given me and I have received, but
if now or at any time they should prove to be worth more, I
make absolute and irrevocable gift and donation to him of the
excess, called by law Ynter vibos. To that end I renounce
the laws of the Ordenam3.ento Real, promulgated in Alcala de
Hernares, which pertain to purchases or sales for more or less
than half the ,just price and the four years declared therein
30
to demand onet &, rights.in case: of deception;. //but I avow
that there is none--deceit, enormous, most enormous lesion.
From the moment that this contract,shall have been drawn up,
declared, and granted, I shall relinquish all my rights of
possession and seignioralty to the said properties and shall
renounce,.cede, and convey the same to the said Don Antonio
Rodrigues, his heirs, and successors, or his legal.assigns.
I give him power and authority in order that he may and
shall take possession of the above-said lands, water, hoizse,
and lot. I obligate myself Cto make3 the said sale secure
from any person or persons who shall attempt to.discredit it
6
127
or to bring suit against Cthe said property,, When I shall
have been enjoined.by the said captain, his heirs, and successors,.I shall prosecute the said suit.at my cost and risk
from its commencement until definitive sentence shall leave
him in quiet and peaceful possession of all the said propertyj.
If the suit should be lost, I shall be under penalty
to give him ather similar lands, water, sitios, lots Csic3
and house, as good as and as well-located as those of this
said sale, plus the costs, expenses, damages, and losses
resulting from.the said suit and,the improvements which he
may have made on the said properties. For the execution and
payment of the foregoing, I bind my person and present and
future assets. I give power and authority to the justices
and judges of His Ma)esty of any locality whatever, and particularly the Most Excellent Viceroy of this` New Spain, to
compel me to observe and comply with the foregoing. I submit to their fuero and jurisdiction; renounce my own fb.eros
home, and community, the law of Si cumvenerit de yurisdicione
pbmium yudicum in order that to.the full force of the law.
I may be compelled to comply with and pay the foregoing as
if this contract and the contents thereof were the definitive sentence of a competent judge given and pronounced
against me and agreed to by me in a.case that had been tried
in court and was not subject to appeal. Furthermore, I re=
nounce all the laws, fueros, and rights in favor and defense
128
of military men, specially'the general laws relative to the
30v
general renunciation of //laws. In witness whereof I am
granting the present contract of real sale before the pre.sent notary and the witnesses mentioned herein, namely,. Don
Juan Joseph de Montes de Oca, Don Alberto Lopez, and Carlos
Feliz de la Tore Csic3, residents of this said villa of San
Fernando, where this was done on the twelfth day of the.month
of April of this year of one thousand seven hundred fortynine.
I. the present notary, certify that this was granted
in my office on the said day, month, and year; that I know
the vendor and the witnesses; and that their names are as
they appear herein. In order that it might be recorded,
the vendor and the witnesses signed this with me, the said
notary public and csecretary3 of the cavildo of the said
villa.
I certify.
'i'horibio de Vrrutia
cRubric3
Before me:
co
Fran.
Joseph de Arocha,
cRubric3
cD.S. in Cuaderno, September 15, 1747, pp. 29-30v3
I
cCross3
Be it known to all whom.this contract of
Sale of 2
suertes of
that I, Don Antonio Rodrigues Mederos, a re-
land by Don,
sident and regidor of this villa of San Fernando,
Antonio Ro-.
grant and acknowledge by the present contract
drfguez to
1
Don Mig.
that I do hereby sell and convey by real sale
in perpetuity, now and forevermore, to Don Mi-
de Castro.
guel de Castro, a vecino agregado of the said
villa, and to the legal assigns of the said
Don Miguel de Castro two suerte rsic3of land in the potrero
on the south side of the said villa and one day of water
31
every twenty days.
//These are the same lands which I obtained by-Opu.rchase from Captain Don Thoribio de Vrrutia,
and which the latter obtained from Don Juan Leal Albares,
a resident and former regidor of this aforesaid villa. They
were granted by His Majesty (may God guard him), to the said
Don Juan Leal as one of the founders.of the villa; for this
reason, their dimensions are such as may be recorded in the
record of the partition of lands at the time of the founding
of this said villa. The said two suertes of land are bounded
on the east by the San Antonio River, on the west by San
Pedro Creek; the old suerte is bounded on the north by the
lands of Don Patrisio Rodrigues and on the south by the lands
co
of Fran.
Ernandes, and the suerte of new land is bounded on
29
the north by the lands of Don Joseph Curvelo and on the
$outh by the lands of the late Don Juan Delgado. I am selling the said lands, free from senso, entail, mortgage, right
of priTnogeniture, or any other liability in favor of any
person whatever, for the price and sum of two hundred fiftyfive pesos, which the said Don Miguel de Castro has given
and delivered to me in products of the land at current prices,
to my entire satisfaction, and which I have received. But
because there is.no evidence of the payment_and delivery of
the same, although it is a fact, I renounce the laws of nom
numerata pecunia, proof, payment and exemptions, as stated
in each of them in order that they may not be valid for me.
I avow that the said lands and water are not worth more than
the two hundred fifty-five pesos that the said Don Miguel de
Castro has given me and I have received. But if now or at
any time they should prove to be wor:th more, I make absolute
and irrevocable gift, cession, and donation to him of the
excess, called by law Ynter vibos. To that end I renounce
the laws of the ordenamiento Real, promulgated in Aleala de
Enares, which pertain to purchases or sales for more or less
than half the Just price and the four years declared therein
to demand one's rights in case of deception; but I avow that
31v
From
there is //none--deceit, enormous, most enormous lesion.
the moment that this contract shall have been drawn up, declared, and granted, I shall relinquish all my rights of
possession and seignioralty to the said lands and water,
and shall renounce, cede, and convey the same to Don Miguel
de Castro, his heirs, successors, or his legal assigns. I
give him power and authority in order that he may and shall
take possession of the above-said lands and water. I obligate myself Cto makea the said sale effective and secure
against any person or persons who should attempt to discredit it or to bring suit against him. When I shall have
been enjoined by the said Don Miguel de Castro, his heirs
or successors, I shall prosecute the said suit, at my cost
and.risk, from its commencement until definitive sentence
shiall leave him in quiet and peaceful possession of all the
said property3.
under penalty to give-him other similar lands and water, as
good as and as well-located as those of this.said sale, plus
the improvements he may have made on them.
For the execu-
tion and payment of the foregoing, I bind my person and
present and future assets.
I give power and authority to
the jus.tices and ju.dges of His Majesty of any locality
whatever and particularly those of this province of Tejas,
to make me observe and comply with the contents thereof. I
submit to thei-r fuero and jurisdiction, renounce my own
fuero, home, and community, the law of si cumvenerit de
jurisdicione obnim Xudicum in order that to the full force
of the law I may be compelled to comply with the contents of
132
this contract as if it were the definitive sentence of a competent judge given and pronounced against me and agreed to
by me in a case that had been tried in court and was not
subject to any form of appeal. Furthermore, I renounce all
32
the laws, fueros, and rights in my favor and de//fense,. and
the general laws relative to the general renunciation of
laws.
In witness whereof, I am granting the present contract
of real sale before the present notary and the witnesses,
namely, Don Ygnacio Lorenso, Don Joseph Curvelo, and Don
Joseph Peres, residents of this villa of San Fernando, where
this was drawn up and granted on the twenty-eighth day of
the month of April of this year.of one thousand seven hundred
forty-nine.
I, the present notary, certify that it was so
granted in my office on the said day, month, and year. I
also certify that I know the vendor and the witnesses and
that their names are as they appear herein. They signed this
with me the said notary. I certify to all the foregoing.
.
Joseph Curbelo
cRubrie3
Ynasio Lorenso
Rubric3
CRubric3
Before me:
co
Fran.
Joseph de Arocha
CRubric3
Notary Public and cSecretary3
of the Cavildo
cD.S. in Cuaderno, September 15, 1747, pp. 30v-323
0
cCross,
Be it knoenn.to all whom this contract of
Sale of a
lot by Anz
dres Hern.
co
to Fran.
z
Hern.
that I, Andres Ernandes, a resident of this
villa of San Fernando, grant and acknowledge
by this contract that I do hereby sell and convey
by real sale, in perpetuity, now and forevermore,
co
to my brother, Fran. Ernandes,.a resident of
.the said villa for him, his heirs, successors, and for the
assign or apsigns of my said brother,.one lot fifty varas
square with a house of stone and mud, twelve varas Esquare3,
with a wooden fence and some fruit trees. on the so:uth it
is across the street from the back of-the lot of Dona Josepha
Flores, on the east there is a street between it and San
Pedro Creek, on the north, it is bounded by the lot of Don
Mateo de Caravajal,. and on.the east also by the said lot. I
am selling the said lot, house, and everything else listed,
free from _
senso, entail, right of primogeniture, mortgage, ^.^ v
or any other liability. in favor of any person whatever,
f or the price and sum of two hundred.-pesos,, which my said
brother has given and delivered to me in goods at current
prices and which I have received to my entire satisfaction;
but because there is no evidence of the payment and delivery
of the same, although it is a fact, I renounce the laws of
nom numerata pecunia, proof, payment and exemptions, as
k34
recorded in each of them in order: that they may not be valid
for me. I avow thattthe said lot, house, and everything else
mentioned are not worth more than the said two hundred pesos
which my said brother has given me and I have received; but if
now or at any time they should prove to be morth more, I hereby
make ab sol ute and irrevocable gift, cession and donation Cof
the excess3 to him, called by law Ynter vibos. To that end
I renounce the laws of the Ordenamiento Real, promulgated
in Alcala de Enares, which treat of purchases or sales for
more or less than half the Just price, and the four years
declared therein to demand onePs rights in case of deception,
but I avow that there is none--deceit, enormous, most enormous
lesion.
declared, and granted,. I shall relinquish all my.rights of
possession and seignioralty.to the said lot andhouse, and
co
shall renounce, cede, and convey the same to the said Fran.
Ernandes, my brother, his heirs,successors, or assigns. I
give him power and authority in order that he may and shall
take possession of-the said lot and house. I obligate myself
to makejthe said sale.effective and secure against any person
or persons who may attempt to discredit it or to bring suit
against him.
When I shall have been enjoined by my said
co
brother Fran.
Ernandes, his heirs, and successors, I shall
prosecute the said suit at my cost and risk from its com-
mencement until definitive sentence shall leave him in quiet
and peaceful possession of all cthe :said property3. If the
suit should be lost, I shall be under penalty to give him
another house and lot, as good as and as well-located as those
of the said sale, plus the improvements which he may have
33
made on the said lot and house. For the execution //and payment of the foregoing, I bind my person and present and future
assets.
I empower the justices and judges of His Majesty of
any locality whatever to compel me to comply with the foregoing.
I submit to their fuero and jurisdiction. I renounce
my own fuero, home, and community, the law of Si cumvenerit
de jurisd:icione obnium ytzdicum in order that, to the full
force of the law, I may be compelled to comply with the contents of this contract as if it were`the definitive sentence
of a competent judge given and pronounced against me and
agreed to by me In a case that had been tried in court and
was not subject to any form of appeal. Furthermore, I renounce
all the laws, fueros, and rights in my favor and defense, the
general laws relative to the general renunciation of laws. In
witness thereof, I am granting the present contract of real
sale before the present notary and the witnesses, namely,
Don Joseph Curvelo, Don Ygna.cio Lorenso, and Don Joseph Vueno
de Roxas, whom I requested to sign this for me because I do
not know how to write my name. I, the said notary, certify
that this contract, as recorded herein, was granted In my
office, in this villa, on the seventeenth day of the month
of May of the year one thousand seven hundred forty-nine.
I also certify that I know the vendor and the witnesses.
The latter signed this and, at the request of the vendor,
one of the witnesses Csigned for him3 because he did not
know how. I certify.
y
At the request of the vendors Csic3:
0
s
Joseph Ant. Bueno de Rox.
CRubric3
Joseh Curbelo
cRubric3
Ynasio Lorenso
cRubric3
Before me:
co
Fran.
Joseph de Arocha
cRubric3
Notary Public and [5ecretary3 of the Cavildo
ED.S. in Cuaderno, September 15, 1747, pp.32-333
CCroSS3
.,Sale of a
real sale and perpetual alienatipn may concern
piece of
that I, Don Antonio Rodrigues Mederos, a re-
0
land by.Ant.
s
gidor and Wsident of this villa of San Fer-
Rodrig. to
nando, grant and acknowledge by this contract
Miguel de
that I hereby sell and convey by real sale
Castro
in perpetuity, now and forevermore, to Don
111iguel de Casttro, also a resident of the said
villa, for the said Don Miguel de Casttro,his heirs, sue33v
cessors, and the assign or assigns of the. a//foresaid CMiguel
de Castro3, the portion of land which I obtained and bought
from Captain Don Thoribio de Vrrutia, and the latter from
Don Juan Leal A;bares, one of the founders of this said villa,
plus all the right in action which, without limitations, His
Majesty gave, to the said Don Juan Leal as a first settiler.
The boundaries of the same and the said right in action are
recorded in the di spat ch for the founding of the villa. I
am selling them, free from senso, entail, right of primogeniture, mortgage, orany other liability in favor of any
person whatever, for the price and sum of eighty pesos, which
the said Don h+IigueL de Castro has given me and I have received in goods as current prices to my entire satisfaction;
but because there is no evidence of the payment and delivery
of the same although it is a fact, I renounce the laws of
38
nom numerata peounia, proof, payment and exemptions as recorded in each of them in order that they may not be valid
for me. I avow that the said piece of land and the right
in action are not worth more than the said eighty pesos which
the said Don Miguel de Castro has given,me and I have received; but if now or at any time, they should prove to be
worth more, I hereby make.absolute and irrevocable gift,
cession, and donation to him Cof the excess3, called by
law Ynter vibos. To that end I renounce the laws of the
Ordenamiento Real, promulgated in Alcala de Enares, which
treat of purchases or sales for more or less that half the
just price, and the four years declared therein to demand
one's rights in case of deception; but I avow that there is
From the
moment that this contract shall have been drawn up, declared, and granted, I shall relinquish all my rights of
possession and seignioralty to the said piece of land and
the rest, and shall renounce and convey the same to the said
Don Miguel de Castro, his heirs, successors, or the assigns
of the said CDon Miguel de Castro3. I give him power and
authority in order that he may and shall take possession
of the said piece of land and of everything else mentioned.
I obligate myself Cto make3 the said sale effective and
secure against any person or persons who may attempt to
discredit it or to bring suit against him. When I shall
have been enjoined by the said Don Miguel de Castro, his
heirs, and successors, I shall grosecute the said suit at
my expense and risk.from its commencement until definitive
sentence shall leave him in quiet and peaceful possession of
all
the said property3. If the suit should be 1ot, I shall
be under penalty to return to him the said eighty pesos in
effects to his entire satisfaction, and the interest on the
money.. For the execution and payment of the foregoing, I
bind my person and present and future assets. I empower
the justices and judges of His Majesty of any locality whatever and particularly those of this pmvince of Thexas, to
34
compel me //to observe and comply with the foregoing. I
submit to their fuero and jurisdiction. I renounce my own
fuero, home, and community, the law of Si curavenertt de
Yurisdicione obniu.m yudicum, in order that to the full
force of the law. I may be compelled to comply with the contents of this contract as if it were the definitive sentence
of a competent judge given and pronounced against me and
agreed to by me in a case that had been tried in court and
was not subject to.any form of appeal. Furthermore, I renounce all the laws, fueros, and.rights.in my favor and
defense, and the general law relative to the general renunciation of laws. In witness whereof, I am granting this
contract of real sale before the present notary and the
witnesses, namely,Don Ygnacio Lorenso, Don Joseph Curvelo,
140
and Don Miguel Santos, residents of this said villa of San
Fernando, where.this was done of the twenty-first day of
the month of May or this year of one thousand seven hundred
forty-nine.
I, the present notary, certify that It was so
granted in my office, that I know the vendor, and the witnesses, and that their names are as they appear herein. In
witnesses thereof, they signed this before me, the said
notary.
I certify.
,Rubric3
Joseph Curbelo
cRubri c.]
Ynasio Lorenos csic3
cRubri c 3
Before me:
co
Joseph de Arocha
Fran.
cRubri c3
Notary public and cSecrete.ry3 of the Cavildo
CD. S. in Cuaderno, Septeinber 15, 174'7, pp. : 33-343
141
,Cross3
Sale of a
piece of
that I, Don Antonio Rrodrigues.Mederos, a re-
land by
0
Ant. Rodr^-
gidor and resident of this villa of San Fer-
guez to Jose
that I hereby sell and convey by real sale
Curbelo
in perpetuity, now and forevermore, to Don
nando, grant and acknowledge by this contract
Joseph Curvelo, a resident also of the said
villa, for the said Don Joseph Curvelo, his heirs, successors,
and his legal assigns, a piece of land or suerte on the outer
part of the labor of the gotrero. It ig the first Csuerte3
on the north side, and fell to the lot of Joseph Cavrrera,
from whom I obtained it as is;,recorded in the contract he
granted to me and is in.the office of the present notary; the
demensions of the same are recorded in the archives of the
villa, where the grant from His Majesty and the record of3
the partition of lands are on file. I am selling the said
34v.
//suerte of land, free from senso, entail, right of primogeniture, mortgage, or any other liability in favor of any
person whatever, for the price and sum of sixty pesos, which
the.said Don Joseph Curvelo has given me in goods, to my
entire satisfaction, and which I have received; but because
there is no evidence of the payment and delivery of the same,
although it is a fact, I renounce the laws of nom numererata
pecunia, proof, payment, and exemptions, as recorded in each
of them in order that they may not be valid for me. I avow
that the said land is not worth more than the said sixty
pesos, which the said Don Joseph Curvelo has given me and I
have received; but.if.now or at any time it should prove to
be worth more, I make absolute and irrevocable gift, cession,
and donation to him of the excess3, called by law Ynter
vibos.
To that end I renounce the laws of the prdenamiento
Real, promulgated in Alcala de Henares, which treat of purchases or sales.for more or less than half the just price,
and the four years declared therein to demand one's rights
in case of deception; but I avow that there is none7=^deceipt
enormous, most enormous lesion.
From the moment that this
contract shall have been drawn up, declared, and granted, I
shall relinquish all my rights of possession and seignioralty
to the said land, and shall renounce and convey the same to
the said Don Joseph Curvelo, his heirs, successors, or legal
assigns.
I give him.power and authorityin order that he
may and shall ;take possession of.the said land. I obligate
myself to make, the said sale secure and effective against
any person or persons who may attempt to discredit it or
bring suit against him.
When I shall have been enJoined by
the said Don Joseph Curvelo or his heirs, I shall prosecute
the said suit at my cost and risk from its commencement until
definitive sentence shall leave him in quiet and peaceful
0
43
possession of all Cthe said.property3. If the suit should
be lost, I shall be under penalty to give him another piece
of land as good as and as.well-located as that of this said
sale, plus the costs and improvements which he may have made
on the said land. For the execution and payment of the foregoing, I bind my person and my present and future assets. I
empower the justices and judges of his Majesty of any locality
whatever, and particularly those of this province of Thexas,
to compel me to observe and comply with the contents of this
contract.
I submit to their fuero and jurisdiction; renounce
my own home and community, the law of Si cumvenerit de juirisdicione obnium yudicum, in order that to the full force of
the law, I may be compelled to comply with the contents of
35
this contract as if it //were the definitive sentence of a
competent judge, given and pronounced against me and.agreed
to by me-in a case that had been tried in court and was not
subject to any form of appeal. Furthermore, I renounce all
the laws, fueros, and rights in my favor and defense, 4nd
the general laws relative to the general renunciation of
laws.
In witness thereof, I am granting thia contract of.
real sale before the present notary and the witnesses, namely,
Don Ygnacio Lorenso.de Armas, Amador Guerra, and Antonio
Ximenes, residents of this said villa of San Fernando, wh ere
this was done and granted on the twenty-second day of the
month of May of this year of one thousand seven hundred
144
forty-nine.
I, the said notary, certify that this contract
was granted in my office, that I know the vendor and the
witnesses,
and that their names are as they appear above.
They signed this before me, the present notary. I certify.
CRubric^
Witness:
0
CRubric3
cWitness3;
Yansio Lorenso
cRubri c 3
Before me:
co
Fran.
Joseph de Arocha
-
cRubric3
Notary Public and C.Secretary3 of the Cavildo
D.S. in Cuaderno, September 15, 1747, pP.
0
34-353
1 45
Cross
Sale of 1
real sale and perpetual alienation may con-
lot by Xa-
cern that I, Jabiela de los Rfos, a vecina
biela de los
agregada of, this villa of San Fernando, grant
Rôs to Juan:
and acknowledge by this contract that I hereby.
Jose Villegas
sell and-convey by real sale-in perpetuity,
s
now and forevermore, to Juah Joseph Villeg.,
also a vecino agreado of the said villa, for him, his he3,rs,
successors, or for the legal assign or assigns of the said
Juan Joseph Villegas, one lot fifty varas square, surrounded
by a wooden fence, with aJ.acal or cabana of zacate, which
.is bounded on the east by the. acequia madre, on the south
by the lbt of Antonio Guera Oie3, on the north:by uncultivated and uninhabited land, on the west by RTorte,Street.
I am selling the said lot, cabana and fence, free from
senso,.
entail, right of primogeniture, mortgage, or any other liability in favor of any person whatever, for the price and
sum of one hundred pesos, which the said Juan Joseph Villegas
has given me. and I have. received.. But because there is no
evidence of the payment and delivery of the sane, althp ugh
it is a fact, I r.enounce the laws of nom numerata pecunia,
proof, bai:rment and exemptions, as contained in each of them,
in order that they may not be valid for me. I avow that
the said lot, jacal, and fence are not worth more than the
said one hundred pesos which the said Juan Joseph has given
me and I have received; but if now or at any time they should
prove to be worth more, I hereby make absolute and irrevoeable
gift, cession, and donation to him of the excess3, called
35v
by law Ynter vibos. To //that end I renounce the laws of the
Ordenamiento Real, promulgated at Alcala de Henares, which
pertain to purchases or sales for more or less than half the
Just price, and.the four years declared therein to demand
onets rights in.case of deception, but I avow that there is
From the moment
that this contract shall have been drawn up, declared, and
granted, I shall relinquish all my rightsof possession and
seignioralty to the said lot,,cabana, and the rest, and
shall renounce and convey the s me to #"the said. Juan Joseph,
his heirs, successors, or legal assigns. I give him.power
and authority in order that he may and shall take possession
of the said lot and the rest. I obligate myself to make3
the said sale effective and secure against any person or
persons who may attempt to discredit it or to bring suit
against him.
When I shall have been enjoined by the afore-
said Villegas, his heirs, and successors, I shall prosecute
the said suit from its commencement until definitive sentence
shall leave him in quiet and peaceful possession of all Cthe
said property3.
under penalty to return to him the said one hundred pesos
47
plus the price of the improvem.ent s which he may have made
on the said lot. For the execution and payment of the foregoing, I bind my person and present and future assets.. I
empower the justices and judges of His Majesty of any locality whatever, and particularly those of this province of
Texas, to compel me to observe and comply with the contents
of this contract, I submit to their-fuero and jurisdiction;
renounce my own home and community, the law of Si cunvererit
de jurisdisdicione obnium yudicum, in order that, to the full
force of the law, Im&y be compelled to comply with the contents of this contract as if it were the definitive sentence
of a competent,judge given and pronounced.against me and
agreed to by me in a ease that had been tried in court and
was not subject to any form of appeal. Furthermore, I renounce all the laws, fueros, and rights in my favor and
defense, and the general laws relative to the general renunciation of laws. In witness thereof, I am granting this
contract of real sale before the present notary and the
witnesses, namely, Don Ygnacio.Lorenso de.Armas, Don Joseph
Curvelo, and Amador Gueera Csic3 Canamar, who signed for the
vendor who said that she did not know how, in this said villa
on the twenty-third day of the month of May of this year of
one thousand seven hundred forty-nine. I, the said notary,
certify that I know the vendor and the witnesses, and that
this was granted in my office.
148
At
he request of Javiel de los Rôs I signed this:
Joseph Curbelo
cRubric3
Witness:
0
Yansio rsic3 Lorener>
cRubri c 3
cRubric
Before me:
co
Fran.
Joseph de Arocha
cRubriej
,D.S. in Cuaderno, 9eptember 15,
1747, pp. 35-35v3
Sale of 1 lot
z
by Diego Ern.
to Jose Barron
of the royal presidio of San Antonio de
convern that I, Diego Ernandes, a soldier
Vejar, grant and acknowledge by this contract
36
that I do hereby sell and convey by //real sale in perpetuity,
now and forevermore, to Vernardo Joseph Varro'n, a resident
of the villa of San Fernando, for him, his heirs, successors,
or for the legal assign or assigns of the said Vernardo Joseph,
one lot fifty varas square with a house of stone and mud nine
varas square, and a wooden fence. It is bounded on the north
co
by the street.between it and Don Fran. de Arocha, on the east
by the lot of Don Juachin de Vrrutia, on the south by the lot
of Don Santiago de la Masa, on the east by the lot of the
aforesaid Bernardo Joseph Varron. I am selling the said lot
and house, free from senso,
entail, mortgage, right of primo-
geniture, or any other liability in favor of any person whatever, for the price and sum of one hundred twenty-five pesos
which the said Vernardo Joseph Varron has given me in goods
and I have received.to.my entire satisfact3.on.
But because
there is no evidence of the payment and delivery of the
same, although it is a fact, I renounce the laws of nom numerata pecunia, proof, payment, and exemptions, as contained
in each of them. I avow that the said lot and house are not
worth more than the said one hundred twenty-five pesos which
0
M
the aforesaid Vernardo Joseph Varron has given me and I
have received.
But if now or at any time they,should prove
to be worth more, I hereby make absolute and irrevocable
gift, cession,.and donation to him cof the excess3, called
by law Ynter vibos. To -,that end I renounce the laws of the
Ordenamiento Real, promulgated in ,Alcala de Enares, which
pertain to purchases or sales forb^..more or less than half
the Just price, and the four years declared therein to6^--'
demand one's rights in case of deception. But I avow that
there is none4-,^-^deceit, enormous, most enormous lesion.
From
the moment that this contract shall have been drawn up, declared, and granted, I shall relinquish all my rights of
possession and seignioralty to the said lot and house, and
shall renounce,.cede and convey the same to the said Vernardo
Joseph Varon, his heirs, successors, or his legal assign.
I give him power and authority in order that ".he may and
shall take possession of the said lot and house. I obligate
myself Cto.make3 the said sale effective and secure against
any person or personsawho may attempt to discredit it or
bring suit against him.
When I shall have been enjoined by
the said Bernardo Joseph, his heirs, or successors, I shall
prosecute the said suit, at my cost and risk, from its
commencement until definitive sentence shall leave him in
quiet and peaceful possession of all Cthe said property3.
If the suit should be lost I shall be under penalty to return
to him the said one hundred twenty-five pesos plus the improvements which he may have made on the said lot and house. For
the execution and payment of the foregoing, I bind my person
and present and future assets.
I empower the justices and
Judges of His Majesty of any locality whatever, and particularly those of this province of Texas, in order that they.
may compel me to observe and.comply with the contents of this
contract.
I submit to their fuero and jurisdiation. I re-
nounce my own home and community, the law of rSi cum3 venerit
de j uri s di ci one obnium Yudi cum, in order that to the full
36v
force of the law, //i may be compelled to comply with the
contents of this contract as if it were the definitive sentence of a competent judge given and pronounced against me
and agreed to by me in a case that had been tried in court
and was not subject to any form of appeal. Furthermore, I
renounce all the laws, fueros, and rights in my favor and
defense, the general laws relative to the general renunciation of laws. In witness thereof, I am granting this contract
.of real sale before the present notary and the witnesses,
namely, Don Joseph Curvelo, Don Ygnaclo.Lorenso de A,rmas,
and Antonio Ximenes, residents of this said villa, where
this was done and granted on the twenty-third day of the
month of May of this year of one thousand seven hundred
forty-nine, on this paper because stamped paper is not used
and, this is a region subject to war. I, the present notary
2152
certify that this was executed thus in my office.on the abovesaid day, month, and year. I also certify that I know the
vendor and the witnesses.
one of them signed for the said
.vendor because he said he did not know how to write his name.
I certify to all the foregoing.
At the request of Diego Ernandes, I signed this:
Joseph Curbelo
CCross3
cRubric3
Yansi Loreso
cRubric3
Before me:
co
Joseph de Arocha
Fran.
cRubrica
CD.S. in Cuaderno, September 15,
1747, pp. 35v-36v3
.153
cCross3
Sale of 1 lot
by Jetrudes de
concern that I, Jetruderes de la Garza, the
la Garza to
widow of Martfn Sausedo;grant and acknowledge
Alberto Lopez
by this present contract that I hereby sell
and convey by real sale in perpetuity, now
and forevermore, to Don Alberto Loppz, a resident of the said
villa, for him, his heirs,, successors, and for the legal assign'
or assigns of the said.Don Alberto Lopez, one lot forty-five
varas wide and fifty long, with some fruit trees. cI am so
doing3in order to exonerate my late husband, Marti`n Sausedo,
who, during his lifetime, sold the said lot; for I know that
the reason he d3.d not execute a contract was because he went
out cof the province3 as soon as he had mae this sale and"
that when he returned he was so near death that he did not
last three days. The said lot i s bounded on the north by the
one in which I live, ontne east by the lot of the coyote
Chritoval C s1c3 Valdes, on the south by the lot of Don Alberto
Lopes, on the west by North Street, as it is called. I am
,conveying the. said lot.which my late husband sold, free from
senso, entail, right of primogeniture, mortgage in favor of
any person whatever, for the price and sum of sixty-four
pesos, which the said Don Alberto Lopez gave to my husband,
may he rest in peace, for us and to our entire satisfaction.
154
And because, during the lifetime of the said deceased, we
spent, conjugally, the payment he.cDon Alberto Lopez3 made
us for the said lot and there is no evidence of it, I re3?
nounce the //laws of non nurnerata pecunia, proof, payment,
and exemptions as recorded in each and all of them. I avow
that the said lot is not worth more than the said sixtyfour pesos which the said Don Alberto Lopez gave us and we
received and spent. But if-now or at any time, it should
prove to be worth more, I hereby make absolute and irrevocable gift,cession, and donation to him Cof the
exeess3,
called by law inter vibos. To that end I renounce the laws
of the rdenamiento Real, promulgated at Alcala de Henares,
which pertain to purchases or sales for more or less than
half the just price, and the four years declared therein
to demand one's rights in case of deception. But I avow
that there is none--deceit, enormous, most enormous lesion.
From the moment that this contract shall have been drawn
up, declared, and granted, I shall relinquish all_my rights
of possession and seignioralty to the said lot, and shall
renounce, cede.and convey the same to the said Don Alberto
Lopez, his heir, andsuccessors.. I give him power and authori^y
in order that he may and shall take possession of the aforesaid lot.
I obligate. myself Cto make3 the. said sale effective
and secure against any person or persons who may attempt to
discredit it.or to bring auit against him. When I shall
0
55
have beenenjoined by the said Don Alberto Lop#z, his heirs,
and successors, I ahall_;..prosecute the said suit, at my cost
and risk, from its commencement until definitive sentence
shall leave him in quiet and peaceful possession of all Cthe
said property3.
If the. suit should be lost, I shall be under
penalty-to return to him the said sixty-four'pes.os he gave
.us, plus the interest on the said money_and the improvements
which he may have made on the said lot. For the execution
and payment of the foregoing, I bind my person and present
and future assets. I empower and authorize.the justires
and Judges of His Majesty of any locality whatever to compel
me to observe and comply with the contents of this contract
as if it were the definitive sentence of a competent judge
given and pronounced against me and agreed to by me in a
case that had been tried in^court and was not subject to any
form of appeal. Furthermore, I renounce all the laws, fueros,
and rights in favor.and defense of women on order that they
may not be valid for me, and the general laws.relative to
the general renunciation of laws. In witness thereof, I am
granting this contract of real sale before the present
notary and the witnesses, namely, Amador Guerra Canamar,
Don Joseph Curvelo, and Don Ygnacio Lorenso, residents of
this said villa, where this was done and executed on the
twenty-eighth day of the month of May of this year-of one
thousand seven hundred forty-nine.
I, the present notary,
certify that this was thus granted in my office and that I
37v
know the vendor and the witness. The said vendor//did not
sign because she-said.she did not know how. She.requested
one of the witne^.ses to sign for her. Amador Guerra Canamar
did so and signed this with the witnesses before me, the
present notary public and Csecretary3 of the cavildo. I
certify.
Corrected:
But if now or at any time, it should--Valid.
Amador Guera Csic3 Canamar
cRubri e3
Before me:
co
Fran.
Joseph de Arocha
CRubric'.
Notary Public and C6ecretary3
of the Cavildo
n Cuaderno, September 15,,1747, pp. 36v-37v3
157
In the villa of San Fernando in the jurisdiction of
Texas and New Philippines, on the
..day of the month of
June of the year of one thousand seven hundred forty-nine,
before me, the notary and the witnesses, appeared in person
1
Don Man. de Caravajal, alferes of the company of the royal
presidio of San Antonio de Vejar, whom I certify I know to
be the one mentioned herein, and said that in view of the
fact that he had served the King our Lord (may God guard
him), since the year of cone thousand seven hundred3 twentythree, and that he may have some claims to present before
the King our Lor.d (may God guard him), and before the Most
Excellent Viceroy in his royal Audiencias, in regard to the
services he has rendered in this province--for which purpose
he needs a proxy in the capital of Mekico--since he is well
acquainted with and has complete confidence In General Don
Juan Antonio Vustillo y Zevallos; who as former Ccaptain3
and governor of this province knew him In the roqal service,
for this reasori .and for the said purpose of his claims, the
1
said Don Man. de Caravajal said that he granted and did 4iereby
grant this his power to;the said General Don Juan de Bustillo,
in order that, representing his own person, rights, and actions,
he may appear and he shall appear before the King our Lord,
the Most Excellent Viceroy of this New Spain in his royal
Audiencias, or before whomever he may and should appear according to law. He shall enter action before all the above-mentioned tribunals, present charges, proof or confirmation of
the same, to which in recognition of hisservices he may or
shall be entitled.
For that purpose he shall present all
the papers and other records, which, by virtue of his services, may be in his favor. To that end and for all accessory
and relevant actions, he hereby gives and grants to him this
power, especially;.:,for the above-said purposes, with free
and general authority to institute legal proceedings, swear
to oaths, and make substitutions when necessary.
CFragment in Cuaderno, September 15, 1747, p. 37v3
0

cCross_3 co Bachelor Don Fran. Manuel`Polanco, priest., vicar,

Transcription

Similar documents

Villa Oleandra is perfectly located, in the heart of Lake Como, the

This beautiful luxury villa is located in the Palmeraie at Dar Tounsi

WR KEN – BEACHFRONT PROPERTY

Casa Dorega is a fabulous villa in Los Higuerales, Arboleas, Almeria

Villa for sale in Mojacar Playa, Costa de Almeria

PDF Template

Pdf brochure

Presentation

Information in Register part is divided into four sections:

6 bedroom villa with sea view in Cap d`Antibes 4 995 000 €