Jennings

(after stating the facts). The act of Congress making further provision for a civil government for Alaska, approved June 6, 1900 (chapter *386 786, 31 Stat. 321 ), provides, in section 4 of title 2, that no action shall be maintained for the recovery of real property, or for the recovery of the possession thereof, unless it shall appear that the plaintiff, his ancestor, predecessor, or grantor, was seised or possessed of the premises in question within 10 years before the commencement of the action. In Tyee Consolidated Mining Co. v. Langstedt (C.C.A.) 136 F. 124 , this court held that in the territory of Alaska adverse possession of a mining claim, as against the locator thereof or his successors in interest, could not be initiated at any time before the issuance of the patent therefor by the United States. In the present case the patent was issued to the plaintiff’s grantor on December 26, 1890. At that time the laws of Oregon were, so far as applicable, in force in the territory of Alaska, by the provisions of section 7 of the act of Congress of May 17, 1884 (chapter 53, 23 Stat. 24 , 25). The statute of limitations of Oregon relating to the commencement of actions to recover…