Jones

The United States instituted this action against Nell Kelly and Thomas Jones, by filing its “complaint in ejectment”. The complaint alleged that the United States was the owner and entitled to the possession of the northwest quarter of Section 34, Township 2 South, Range 3 East, Fairbanks Meridian, in the Fairbanks Recording District, Fourth Division, Territory of Alaska, which was embraced within a certain withdrawal of public land, and that the defendants Kelly and Jones unlawfully withheld possession of the same. Upon trial before a jury, the court directed a verdict for the United States. Defendant Jones appeals from the judgment on this verdict.

The principal contention of the appellant is that the Government did not make a case sufficient to warrant a directed verdict against the defendants. With respect to this question, it was made to appear from the testimony that on December 2, 1938, by an executive order made pursuant to the Act of June 25, 1910, c. 421, 36 Stat. 847 , as amended by the Act of August 24, 1912, c. 369, 37 Stat. 497 , Title 43 U.S.C.A. §§ 141 , 142, 143, certain lands, including the quarter section here involved, were withdrawn from settlement, location…