Harniska

Harniska v. Dolph

Good Law
133 F. 158·2 Alaska Fed. 304·66 C.C.A. 224·1904 U.S. App. LEXIS 4392
United States Court of Appeals for the Ninth CircuitOctober 3, 1904No. 1,041California840 words

Opinion

Lead Opinion

Gilbert, J.

The defendants in error brought an action of ejectment to recover the possession of certain premises situate on Douglas Island, in the district of Alaska, and in their complaint claimed title through a patent issued by the United States to the Alaska Gold Company on October 1, 1892, and alleged ouster by the plaintiffs in error on January 1, 1899. The plaintiffs in error answered, denying on in *305 formation and belief the averments of the complaint, and setting up, as an affirmative defense, adverse possession, and alleging that the patent so referred to “was obtained through fraud and misrepresentations.” The record contains the following judgment entry: “Now, ón this day this cause coming on to be heard upon the complaint, answer, and reply filed herein, the plaintiffs appearing by Thomas R. Lyons, their attorney, and the defendants, and each of them, appearing by W. E. Crews, their attorney, and the defendants, by their said attorney, having admitted in open court that they were unable to sustain the allegations of their answer, and they, and each of them, being willing that judgment in favor of the plaintiffs, and each of them, be duly entered at this time for the possession…

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