Goldstein

On the 6th day of February, 1899, the appellant made application at the local land office at Sitka, Alaska, for the entry and patent of a certain piece of land in the town of Juneau as a lode claim designated in the application as “Mineral Survey No. 316.” Within the 60-day period provided by statute for the publication of the notice of the application for patent, the appellee filed in the Sitka land office his adverse claim, and within 30 days thereafter brought this suit in the court below in support of his claim. Upon issue joined testimony was taken as to the location of the claim and its boundaries, the occupation of a portion of it as a naval reservation, the occupation and possession of the remainder including the portion in controversy, as a part of the town site of Juneau, and the character of the land, whether mineral or non-mineral. Upon this testimony a decree was entered in favor of the appellee, and from this decree the present appeal is prosecuted.

The appellee has interposed a motion to dismiss the appeal, upon the ground that there is now no actual controversy involving real or substantial rights between the par *149 ties to the record, and no subject-matter upon…