Langstedt

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

The writ of error presents the question whether, in the territory of Alaska, adverse possession of a mining claim, as against the locator thereof, or his successors in interest, can be initiated at any time before the issuance of a patent from the United States therefor.

Section 1042 of Carter’s Codes of Alaska (page 354) provides as follows: “The uninterrupted adverse notorious possession of real property under color and claim of title for seven years or more shall be conclusively presumed to give title thereto except as against the United States.”

Section 4 of the same Codes, at page 146, provides that actions shall be commenced within 10 years — “For the recovery of real property, or for the recovery of the pos *361 session thereof; and no action shall be maintained for such recovery unless it shall appear that the plaintiff, his anees - tor, predecessor, or grantor was seized or possessed of the premises in question within ten years before the commencement of the action: provided, in all cases where a cause of action has already accrued, and the period prescribed in this section within which an action may…