McKay

The defendant in error brought ejectment to recover possession of an undivided one-fourth interest in a placer mining claim known as “Bench Claim No. 6 on Anvil Creek” in Alaska. It was admitted that she had formerly owned such interest, but it was alleged in defense of the •action that her co-owner, D. W. McKay had in the year 1901 performed upon the claim assessment work of the value of $100 and had served on her a demand for the payment of her proportionate share thereof and a notice *622 of the forfeiture of her interest, and had thus acquired the same. The issues presented for trial were whether assessment work of ‘that value had been done by said McKay in 1901 and whether the requisite notice of contribution had been served upon the defendant in error as required by the statute. Upon these issues the evidence was conflicting. The jury found for the defendant in error.

It is contended that the trial court erred in refusing to give the jury the following instruction, which was requested by the plaintiffs in error: “With reference to the amount of labor required, you are instructed that the law requires .$100 worth of work; and in determining the amount of work done upon a…