Knickerbocker

The plaintiff in error, together with seven others, located the association placer mining claim of 160 acres, known as the “Halla tract,” in the Cape Nome mining and recording district, Alaska. Each of the locators owned an undivided one-eighth interest in the claim. Among the locators were Otto Halla and S. Lapiana. The plaintiff in error brought ejectment against the defendants in error for the recovery of an undivided one-fourth interest in the claim, and damages for the wrongful detention thereof, alleging in his complaint that he had become the owner of Lapiana’s interest. The defendant in error answered alleging that the interest of the plaintiff in error and that of Lapiana had been forfeited for the failure of the owners thereof to do the assessment work for the year 1902, and that by such forfeiture their interests had been acquired by the defendants in error Webb, Butler, and Ewing. The jury returned a ver *456 diet for the defendants in error, on which judgment was' entered.

The plaintiff in error, among other assignments, assigns error to the refusal of the court to instruct the jury to direct a verdict against the defendants in error, and to submit to the jury, under…