Johnston

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

It is contended on behalf of the plaintiff in error that if the defense had been allowed to prove that Waskey, the prosecuting witness, admitted Gray’s ownership of a one-half interest in the mining claim, and conceded the right *784 of the latter to have a representative at all times on the ground, and the other facts suggested in the offer of proof, they would have established the fact of the co-tenancy of Gray with the other owners, and therefore the right of Gray to the possession of the premises in person or by his agent, since by the Code of Alaska it is provided that “all persons having an undivided interest in real property are to be deemed and considered tenants in common.” But this argument leaves out of consideration the nature of Waskey’s possession. There is nothing in the evidence or in the offer of proof to show that he was a co-tenant with any one. He was a lessee, and as such it must be presumed that he was entitled to the exclusive possession of the leased premises, and therefore had the right to resist with a reasonable degree of force a trespass upon his possession. For aught that appears to…