Bowen History-survey proves Bowen building on Moss Land

DAILY PRESS, News Article, "Survey backs Ware claim to property"

This was the news article included with the letter from the County Assessor. I am estimating that it was written in July 1975.

APPLE VALLEY - The building commonly known as the Bowen Ranch house, and thus the toll gate to Deep Creek warm springs, are situated on land belonging to the adjoining Moss Ranch.

This 50-year old error, first brought to public attention some months ago by John Alan Ware, has been confirmed by recent findings of the county survey office.

In a letter dated July 11 to County Assessor Robert Herbin, Eugene Eh, county surveyor stated that lines established by a recent resurvey of the area "clearly indicated that the buildings known as the Bowen Ranch are in the east-half of Section 11".

This particular piece of property is part of the legal description of the Moss Ranch.

Ware, who obtained a written lease to the Moss Ranch more than three years ago and later a verbal lease to the Bowen place, was evicted from the "Bowen Ranch" last month in a court order signed by Municipal Court Judge William J. Johnstone after Ware lost a civil suit pressed by the New York owners of the old Bowen Ranch property.

The owners sought eviction for nonpayment of rent. Ware contended that the Ranch house he was using and the adjoining toll gate to Deep Creek warm springs he had been operating were actually on Moss land on which he already had been paying rent and taxes.

Eh's letter to Herbin confirmed Ware's contention shortly after Ware last week filed his own suit against the New York ranch owners seeking restitution of the premises (of the Bowen house and surrounding grounds) and damages.

Despite new information from the surveyor's office the marshal's office in Victorville Thursday levied against a vehicle owned by Ware, taking possession of it for satisfaction of back rent on the Bowen house as ordered in a writ of execution signed this week by Judge Johnstone.

Asked why the truck was confiscated in view of the new information from the surveyor's office, Sgt. J. R. Barneveglt of the Marshal's Office in Victorville said, "We had a valid judgement". It was dated June 8, following the verdict for the owner-plaintiff's on the civil suit to have Ware evicted.

The writ of execution to levy against the vehicle was signed Monday, July 14. Johnsone, in Fontana for court this morning could not be reached for comment.

In a brief telephone interview with Mrs. Gertie Bowen Thursday, Mrs. Bowen, a former owner of the ranch who now lives in Apple Valley, said she had not previously known of the survey results. Asked why the house built by her and her husband more than 50 years ago was constructed on their neighbor's property, Mrs. Bowen said they did not know that it was.

"We went up there in '24 and in '25 we proved up on it (made improvements including a dwelling as required by the government of homesteaders).

"Back then there weren't any markers up there, nothing to go by. We (her husband and she) went down to see about a survey, but at that time they wanted $2,000 for it. We just didn't have that kind of money as we went back and just surveyed it ourselves as best we could."

Their efforts apparently placed their buildings several hundred feet into the adjoining ranch.

That error has given rise to what John Steinman, real estate attorney for Ware, has described as "one of the most interesting civil suits to arise in this county in a long time."