Milwee

Milwee v. Waddleton

Good Law
147 C.C.A. 663·233 F. 989·4 Alaska Fed. 395·1916 U.S. App. LEXIS 2543
United States Court of Appeals for the Ninth CircuitJuly 3, 1916No. 2649California1,023 words

Opinion

Lead Opinion

Gilbert, J.

The defendant in error, who was the plaintiff in the court below, in the spring of 1896 entered into possession of a lot in the town of Juneau, and remained continuously in possession, claiming to own the lot, from that time until June 12, 1914, - when he was ousted by the defendants. The lot was a part of the patented town site of Juneau. The town-site trustee on November 10, 1898, conveyed the lot to the “Pullen heirs” — James H. Pullen, Mary H. Wilson and Thomas R. Wilson. The conveyance was made after a contest between the said grantees and the plaintiff. From the decision on that contest the plaintiff appealed. In 1902 the decision was affirmed by the Commissioner of the General Land Office. Notwithstanding the decision, the plaintiff remained in the undisturbed possession of the premises, claiming to own the same, and paying the taxes thereon, until his eviction in 1914, whereupon he brought ejectment against the defendants. On the trial of the cause .the court instructed the jury to return a verdict in favor of the plaintiff for a two-thirds interest in the lot; Pullen having conveyed to the defendants only a one-third interest in the same. As to the remaining one-third…

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