Sakow

The appeal is from a judgment of the District Court for the Territory of Alaska in favor of appellee (plaintiff) in a suit in ejectment and for damages. The ver-■dict and judgment ran against appellants jointly.

The property involved is the Good Hope placer claim, alleged to have been located by appellee in 1930. The •amended complaint sets up the title of appellee, subject to paramount title in the United States, and alleges that the defendants (appellants) unlawfully and in bad faith entered upon the claim and extracted gold therefrom. Appellants filed a joint answer denying generally thee aver *666 ments of the complaint and alleging as an affirmative defense for all of them that the portion of the Good Hope placer from which the values were extracted was included within the boundaries of the North Star and Bluebird, claims, allegedly located by appellant Sheppard prior h> the location of the Good Hope and held under lease from Sheppard by appellant Riley Investment Company.

Appellant Donnelley was the superintendent of the Investment Company and the operator of its dredge. Appellant Sheppard was vice-president, secretary, and a director of that company, and was a business…