Alaska Placer Company v. Lee

OPINION

BOOCHEVER, Chief Justice.

This case is before us on appeal for the third time. It arises out of the Lee’s possession after October 5, 1965 of 15 tin mining claims located near Nome, Alaska. The present appeal raises issues concerning the burden of proving a trespass to be in good faith, the requirements for a finding of good faith, and the appropriate measure of damages. Additionally, it is contended that the trial court abused its discretion by awarding attorney’s fees to the Lees.

In 1960, Alaska Placer Co., the owner of the mining claims, had granted the Lees a lease with option to…