Ringstad

The complaint in this case is in ejectment. The issue was joined, the case proceeded to trial and at the close of the plaintiff’s case the court entered a judgment of nonsuit. Plaintiff appeals.

*271 The complaint alleged that plaintiff “and her predecessor have been in the peaceable, adverse, open, notorious possession of the * * * property [described below] under col- or of title for more than thirty (30) years last past.” It also alleged defendants’ trespass in entering the property and tearing down a fence thereon and forcibly restraining possession thereof. The complaint also alleged that plaintiff was the owner of the fee simple title of the property in question, an allegation which is unnecessary to consider in view of the answer filed.

The answer denied the allegations of the complaint but alleged no title in the defendants. The Alaska statute provides “The defendant shall not be allowed to give in evidence any estate in himself, or another in the property, or any license or right to the possession thereof, unless the same be pleaded in his answer * * * ” § 3764, Compiled Laws of Alaska 1933. Continuous prior possession is a sufficient estate to warrant a suit in…