Seatter

Seatter v. Heid

Good Law
116 C.C.A. 153·196 F. 333·3 Alaska Fed. 850·1912 U.S. App. LEXIS 1486
United States Court of Appeals for the Ninth CircuitMay 6, 1912No. 1,948California1,701 words

Opinion

Lead Opinion

Morrow, J.

The defendants in error brought this suit in ejectment on February 11, 1905, against the plaintiff in error to determine the possessory right to a portion of a tract of land near Juneau, Alaska. Trial was had in the court below by the court sitting without a jury. Findings of fact and conclusions of law were filed and judgment entered in favor of the plaintiff in the action, and against the defendant, for the possession of the land in controversy. The defendant brings the case here upon writ of error. No bill of exceptions appears to have been settled or filed, and the evidence introduced by the plaintiff in the court below is not before the court for consideration.

Upon this record the only questions that can be considered here are: (1) The sufficiency of the complaint. *851 (2)' The sufficiency of the findings to support the judgment.

It is alleged in the complaint that the Evergreen Cemetery Association was an association organized under the Code of Alaska having corporate powers; that it was organized about the middle of April, 1891, by citizens of the United States and of the town of Juneau and vicinity, in the district of Alaska, for the purpose of providing a burial place…

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