Adsit

The plaintiff in error was plaintiff in the court below in an action to recover rent alleged to be due from the defendant for the use and occupation of a certain lot in the town of Juneau, Alaska, from April 1, 1894, to July 1, 1896, by “permission of the plaintiff.” The defendant in his answer admitted the alleged ownership of the plaintiff of one-half of the lot at the time of the bringing of the action, but denied any ownership in him during the time of the defendant’s occupancy of the premises, and denied that the defendant’s occupancy was by permission of the plaintiff, or in any way under him or in recognition of his title, but, on the contrary, alleged that during the period for which rent is claimed by the plaintiff the lot was in the possession of a third person, who claimed adversely to the plaintiff, and from whom the defendant rented. These averments of the defendant were put in issue by the plaintiff.

The evidence showed, without conflict, that in April, 1894, one Malony was in possession of the lot in question, and rented it to the defendant; that at that time the present plaintiff had pending an action in the District Court of Alaska against Malony to recover…