Ritchie

Mr. Justice Terry concurred.

The plaintiffs filed a bill in chancery in the Court below, in the nature of a “ Bill of Peace,” alleging that they were the owners in fee of a tract of land known as “ Suisun.” That the defendants, with many others, have intruded upon said land, and claim to hold the same by virtue of the pre-emption laws of the United States. That one Smith, who derived title from the plaintiffs, grantor for a portion of the said land, had recovered judgment in the United States District for the same against James Borland, one of the defendants in this action.

The plaintiffs claim a discovery against Borland and three hundred other persons, of the title to the parts or parcels of the tract which they claim, and the length of time they have occupied the same; a judgment declaring the title of the plaintiffs valid against the defendants, and all other settlers or persons upon the land, in like condition; a recovery of the possession against the defendants, as well as all other persons; and an account of the rents and profits, &c.

The defendants demurred; the demurrer was sustained, and the plaintiffs appeal.

A “ Bill of Peace ” is said to be a bill brought by a…