Pin v. Morris.

M. Elliott, for plaintiffs in error.

Campbell & Pratt, for defendant in error.

WILLIAMS, C. J. Defendant, as the pleadings show, went into possession of the land in dispute in January, 1852, and this action was commenced in August, 1855, so that plaintiffs brought suit before defendant had resided upon and cultivated said land for four consecutive years, as required by the act of 27th September, 1850, under which he holds and claims possession. When a person in possession of public land, in a controversy with another claimant before the surveyor-general, is adjudged by such officer to be the rightful occupant, we hold that the courts of the territory cannot reverse such decision so as to disturb the possession of the party, in whose favor it was made, until the expiration of his four years' residence. Congress has organized a land department of the government, whose business it is made to determine those questions which arise out of the disposal of the public lands, and the courts of the country cannot interfere to regulate or control that business, without introducing uncertainty and confusion into the whole system. Take this case as an illustration: Suppose the courts dispossess defendant, and so prevent his compliance with the donation act, and the land department adheres to its decision against the rights of plaintiffs. To whom will the patent for the land be issued? We intimate no opinion as to what the courts of the territory would do in case defendant's residence and cultivation were complete, or he held the patent; but upon the state of facts presented here, we hold the answer to be good, and overrule the demurrer.

Judgment for defendant.

regon.}

Supreme Court of the U. S. for the Territory of Oregon.

Ordered,-That terms of the District Courts be held in the city of Salem, in the county of Marion, on the first Mondays in April and September, and on the fourth Mondays in May. and October, annually, until otherwise ordered. And in the city of Portland, in the county of Multnomah, on the fifth Monday in December, 1856; and thereafter, on the first Mondays in May and October, and the third Mondays in June and November, annually, until otherwise ordered. And in the village of Roseburg, in the county of Douglas, on the first Mondays in March, May, September and November, annually, until otherwise ordered, and do limit the duration of said term to six days each.

Williams v. Knighton.

POSEY WILLIAMS, Plaintiff in Error, v. HENRY M. KNIGHTON, Defendant in Error.

Error to Columbia.

A complaint upon a promissory note, which omits to state that the note was then due, is insufficient.

KNIGHTON took judgment by default against Williams in the District Court, upon a complaint which states, "that he has a cause of action against the defendant, and expects to recover judgment for five hundred dollars, with interest, &c., as per a certain promissory note, which he holds against him, for five hundred dollars, bearing interest, &c., dated February 25th, 1855."

D. Logan, for plaintiff in error.

R. P. Boise, for defendant in error.

OLNEY, J. Waiving all other questions, it does not appear that the note was due. This cannot be implied from the allegations that he has a cause of action against the defendant. That is a conclusion of law. The pleader should state the facts which he thinks gives a right of action, and not keep back those facts, and offer the court his opinion. If one fact, necessary to a right of action, be omitted, all others might as well, and the complaint might be reduced to this, "that the plaintiff has a cause of action against the defendant for five hundred dollars, for which he asks judgment."

The complaint is insufficient, and the judgment must be reversed.

Supreme Court of the U. S. for the Territory of Oregon.

Ordered,-That a term of the District Court be held at the city of Salem, in the county of Marion, on the third Monday in September, instead of the first Monday in September; and on the third Monday in November, instead of the fourth Monday in October. And in the village of Roseburg, in the county of Douglas, on the second Monday in October, instead of the first Monday in September; and on the third Monday in November, instead of the first Monday in November, for the year 1857.