Fulkerson
Fulkerson v. Chisna Mining & Improvement Co.
Opinion
Lead Opinion
Ross, J.
This action was brought in the United States District Court for the District of Alaska, Division No. 1, by the appellee as plaintiff, to quiet its alleged title to the Viola placer mining claim, located on the.’Chisna river, Alaska, and to enjoin the appellants from entering thereon. In its complaint the plaintiff alleges that it is, and that for more than 20 months then last past it and its grantors have been, in the possession and entitled to the possession of the claim, specifically describing it, which is of the value of $100,000 for the gold and other precious metals contained in it; that the defendants claim an estate or interest in the claim adverse to the plaintiff, which estate or interest so claimed is without right, but in pursuance of which the defendants are preparing to enter upon the claim and carry off the gold therefrom. The appellants (defendants below) put in issue the averments of the complaint, and set up in themselves the right to the possession of the claim by reason of a location thereof, to which answer the plaintiff filed a reply, and upon the issues thus made a trial was had before the court and a jury. The jury rendered a general and special verdict in…