Dent

This appeal is from an order denying an injunction pendente lite in an ejectment suit. The complaint in the action alleges ownership in appellant of six placer claims located in the bed of the Niukluk river in the Nome mining district, Alaska, and asserts that appellee is wrongfully dredging the gold therefrom. The restraining order was sought to halt dredging and consequent exhaustion of values which would ensue pending disposition on the merits.

The facts pertaining to the dispute are such as appear from the showings for and against the issuance of the injunction. The claims were located by appellant’s grantors during the period 1933 to 1938. In 1941, in a suit by the United States against a number of parties asserting mineral rights in the stream bed (including appellee and the gran *493 tors of appellant) it was decreed that on the readies of the river where the claims lie the Niukluk is a part of the navigable waters of the Territory and that the United States is the holder of all the right, title, and interest in and to the bed of the stream below the line of ordinary high water. The judgment' debarred the defendants from mining or removing precious minerals therefrom, and…