Barron

This suit was brought by the appellant in the court below to obtain an injunction against the defendant thereto (appellee here) preventing the latter from completing a *139 fish trap that he had commenced to erect in front of a 5.27-acre tract of land fronting on the south shore of the navigable waters of Chatham Strait, about five miles north of Hawk Inlet, in the district of Alaska, which upland the plaintiff alleged in his original complaint, and the trial court found, he owned. What the defendant did is thus alleged in that complaint', and substantially repeated in the amended and supplemental complaint afterwards referred to: “On or about the 14th day of March, 1911, the above-named defendant, his agents, servants, and employees, entered upon the above-described survey No. 804 (covering the 5.27 acres), and upon the navigable waters directly in front of said described land, with a pile-driver and piles, and commenced to drive piles upon the tidelands and waters immediately in front of and abutting upon the piece or parcel of land above described and embraced within said survey No. 804; that ever since said time they have been and they are now driving piles upon said tidelands…