Margerie
Miller v. Margerie
Opinion
Lead Opinion
Haven, J.
This is an equitable action in which the complainants ask for a decree declaring void a certain deed by which the defendant acquired the legal title to lot 4, in block B, in the town of Juneau, Alaska. The bill of complaint also prays for general relief. The deed was executed to defendant by the trustee of the town site of Juneau under section 11 of the act of Congress approved March 3, 1891, entitled “An act to repeal timber-culture laws, and for other purposes.” Act March 3, 1891, c. 561, 26 Stat. 1099 [ 48 U.S.C.A. § 355 ], The bill of complaint alleges that a trustee of the town site of Juneau was duly appointed, under the statute above referred to, and “that at all times since 1885, plaintiffs and their grantors have been and now are (the paramount title of the United States alone intervening) the owners of and in the actual and exclusive possession of, until hereinafter named, and at all times since said year 1885, have been, and now are entitled to the im *673 mediate and exclusive possession of lot 4, block B, of the town of Juneau, district of Alaska”; that the defendant “on the-day of May, 1903, falsely and fraudulently, and with intent to impose upon said trustee,”…