Bailey v. Oregon-Wash. R. & N. Co.
Oregon Supreme Court
From Multnomah: Eobert Tucker, Judge. Department 2. This is a suit brought by the plaintiffs, as heirs of one Henry Ploch, to have the defendants declared to be trustees of certain lots situated in the City of Portland, Oregon, which it is claimed were part of a donation land claim settled upon by the said Henry Ploch in 1852. It is alleged that Ploch was a qualified donation land claimant, and that he came to Oregon in the spring of the year 1852, and settled upon 160 acres…
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From Multnomah: Eobert Tucker, Judge. Department 2. This is a suit brought by the plaintiffs, as heirs of one Henry Ploch, to have the defendants declared to be trustees of certain lots situated in the City of Portland, Oregon, which it is claimed were part of a donation land claim settled upon by the said Henry Ploch in 1852. It is alleged that Ploch was a qualified donation land claimant, and that he came to Oregon in the spring of the year 1852, and settled upon 160 acres of land lying along the Willamette Eiver in what is now North Portland, on the first day of November, 1852; and that he…
1Opinion of the CourtBennett, J.
There are many grounds upon which, as it seems to us, the demurrer of the defendants was properly sustained. We shall notice only one, which, as it seems to us, is conclusive of the case. There is no allegation in the complaint that Henry Ploch, before his death, had ever filed upon the land, or put his claim upon record with the *474surveyor-general, or in the United States land office, and although more than sixty-five years had elapsed after his death before the bringing of this suit, there is no allegation that his heirs had in any way complied with the provisions of the Donation Act, or made…
2Cases cited5 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hall v. RussellSupreme Court of the United States · 1880
- Rector v. AshleySupreme Court of the United States · 1867
- Brazee v. SchofieldSupreme Court of the United States · 1888
- Fitzpatrick v. DuboisU.S. Circuit Court for the District of Oregon · 1873
3Cited by1 opinion
- Lough v. State Industrial Accident CommissionOregon Supreme Court · 1922