Noble v. Melchoir

Citations

• 5 Alaska 729

Syllabus

<p>1. Public Lands &wkey;>31—Homestead Settlement Thebeon.</p> <p>The defendant settled upon a tract of unoccupied and unappropriated public nonmineral lands in Alaska, and built a home thereon, and resided there, with the expectation at some time of acquiring a legal title thereto. Held, the possessory right thus acquired is a property right, for the protection of which an appropriate action may be maintained by the occupant.</p> <p>2. ADVERSE Possession <&wkey;7(3)—Limitation of Actions.</p> <p>The defendant settled upon a tract of unoccupied and unappropriated public nonmineral lands belonging to the United States, with intent to acquire title thereto from the United States, and at all times thereafter openly, notoriously, and adversely claimed the right to own and possess the same as his home', adversely to all the world, and did exclusively, openly, and continuously do so. After his rights had thus become fixed, another person filed upon and entered a larger tract of land, embracing the defendant’s tract, and acquired a patent thereto from the United States. Patent issued May 1, 1905. Defendant remained in peaceable and undisturbed possession of his tract till the bringing of this suit in ejectment by those claiming under the patent on July 27, 1916. To the complaint in ejectment defendant pleaded in bar the statutes of limitation of actions and adverse possession. Sections 836 and 1874, Comp. Laws Alaska 1913. Held, the defendant has shown by competent evidence that he entered upon this land at a time when he had a right to do so, and under a claim of right, and has ever since been in the actual, exclusive, and continuous possession thereof, holding adversely to the plaintiff and his predecessors in interest, during the statutory period, to wit, more than ten years after the issuance of patent to the said Ballaine and before the commencement of this action. Findings and judgment for defendant.</p> <p><§=5>See same topic & KEY-NUMBER, in all Key-Numbered Digest