James

This suit was brought by the appellant against the appellee James and one Webster to enjoin the driving by them of certain piles on the southerly portion of a certain piece of tideland 113 feet in width, at Juneau, Alaska, of which the complainant claimed to be the owner as against them — alleging that since March 6, 1881, it had been in the open, notorious, and continuous possession of a certain described tract, including the tideland in question, exercising dominion over the same and over the right of way out to deep water, and also basing its alleged rights on the averment that, as a littoral owner of lands abutting the shore of the sea, it was entitled to free access to and from the navigable waters fronting thereon.

Denying the allegations of the bill in that behalf, and alleging his own ownership of the premises as against the complainant, the defendant James sought by cross-bill an injunction preventing it from driving similar piles, which it was alleged to be threatening and commencing to do. The trial resulted in a judgment for the appellee James.

In respect to the complainant’s ownership of upland abutting the seashore and its alleged consequent littoral rights, the…