Ringstad

This is an appeal from the District Court of the United States for the Territory of Alaska, Fourth Division. The case was before this court in 159 F.2d 289 , 11 Alaska 269 , where a judgment of nonsuit was reversed. The complaint is in ejectment wherein the plaintiff’s right is based on adverse possession of the land involved. The jury returned a verdict for the defendants, and from the judgment entered upon that verdict the plaintiff appeals. Appellant and appellees are hereafter described as plaintiff and defendants.

The complaint alleged that plaintiff “and her predecessors have been in peaceable, adverse, open, notorious possession of the above described property under color of title for more than thirty (30) years last past.” It also alleged defendants’ trespass in entering the property and tearing down the old fence and the rebuilt fence thereon, and forcibly retaining possession thereof. The prayer was for a judgment of possession of the property restraining defendants from interfering with plaintiff’s possession, $100 damages for destruction of the fences and $35 per month damages for loss of use and rentals of the property since June 1945.

The evidence showed that in…