Brosnan

after stating the case as above, delivered the opinion of the court.

The question here presented is whether the District Court erred in entering judgment for the defendant on the pleadings. The complaint states a good cause of action in ejectment. It alleges that the plaintiff owns and is entitled to the possession of an undivided one-half of the premises in controversy. The plaintiff was not required to further state the nature of her estate. Carter’s Civ. Code Alaska, § 303. She proceeded, however, to allege that the nature of her estate was prior possession, and that *324 in March, 1-898, she and William Spencer went upon the premises, which were then unoccupied, and erected a building thereon. The defendant answered, denying all the allegations of the complaint, and then, instead of complying with section 304 of Carter’s Civil Code of Alaska by setting forth the nature of his estate, he proceeded to set forth the facts on which his claim of éstate was based. He alleged: First, that on March 6, 1898, the premises were unoccupied and unclaimed, and were on that date entered and appropriated by S. W. Gray; second, that in March, 1898, Gray erected a house on the premises, and…