Margerie

In 1906 complainants instituted an action in equity in the District Court of Alaska, wherein they prayed for a decree adjudging defendant to hold lot 4, block B, of the town of Juneau, in trust for complainants. General relief was also asked. The bill alleged that a trustee of the town site of Juneau was duly appointed under the provisions of an act of Congress approved March 3, 1891 ( 26 Stat. 1099 , c. 561, § 11, 48 U.S.C.A. § 355 ), entitled “An act to repeal timber culture laws and for other purposes.” It also alleged that exclusive possession of the lot was in complainants and their grantors from 1885 until a time thereinafter named in the bill, and that in May, 1903, “defendant falsely and fraudulently, and without intent to impose upon said trustee,” represented to him “that he, the defendant, and his grantors were the owners of, and in possession of, and entitled to the possession of, said lot on the 13th day of October, 1903, ever since had been and then were such owners, and were at all times in the possession of said lot; that said trustee did on the-day of May, 1903, at his office in Juneau, Alaska, actually hear and determine on said false statements as aforesaid the…