Forderer

This action was brought under chapter 43 of the Code of Civil Procedure of Alaska, for the partition of a certain specifically described mining claim situated in that territory. The statutory provisions applicable to the case are as follows:

Sections 397, 398, 403, c. 43, Code Civ.Proc.Alaska.

In the complaint filed by' the appellant, who was the plaintiff in the court below, he alleges that he and the defendants to the action own and possess as tenants in common the mining claim in question, and that he is desirous of a partition thereof; that the plaintiff has an estate of inheritance in the claim “of an undivided one-half interest therein, subject only to the fee of the United States after location and before patent of said claim”; that each of the defendants have a similar estate of an undivided one-fourth interest, and that the said parties own no other land in common in the district of Alaska; that the claim is valuable only for the gold deposited therein, but that such gold is so distributed and the claim so situated with reference to such deposits that partition thereof cannot be made without great prejudice to the owners, and that therefore it will be necessary to sell…