Patterson

The defendant in error in her action of ejectment in the court below recovered judgment for the possession of a small tract of tideland adjoining the town of Ketchikan. She alleged in her complaint that on July 1, 1919, and for more than nine years prior thereto she had been lawfully possessed “and is now entitled to the possession of the tract described in the complaint,” and that on or about July 26, 1919, the defendants unlawfully entered into the possession of said premises and ousted her therefrom. The defendants in their answer denied the allegations of the complaint and set up a general demurrer to the complaint on the ground that the land is tideland, and that the facts alleged were not sufficient to entitle the plaintiff to recover in ejectment, or at all.

Although no ruling was had on the demurrer, and no error is assigned to any ruling of the court below concerning the sufficiency of the complaint, the defendants now contend that the complaint is wholly insufficient to sustain the judgment. They point to the Code of Civil Procedure, Compiled Laws of Alaska, §§ 1133 and 1135, the former of which provides that — “Any person who has a legal estate in real property and a…