Code

The writ of error in this case brings under review the instructions given by the court below to the jury on the trial of an action of ejectment, in which was involved the title to placer claim No. 2 on Holyoke creek in the Nome mining district. The defendants in error had brought the action, claiming under a location made on April 9, 1906, fol-.owing the'alleged failure of the plaintiff in error to do "the *517 assessment -work on the claim for the year 1905. The plaintiff in error claimed under a location made on January 10, 1901, and contended and offered proof to show that it had done the assessment work for the year 1905. It failed to prove that the requisite work had been done upon the claim itself, but it offered proof tending to show that a drain which it had constructed in the year 1905 on two of its claims nearly two miles distant from the claim in controversy was for the benefit of that claim, for the reason that it had intended to extend the drain through its contiguous placer claims to and through the claim in controversy, and it offered evidence tending in some degree to show that such drain, when so constructed, would be of benefit in extracting the gold from that…