Stewart

Plaintiff claims to have been the original discoverer of valuable mineral deposits on unoccupied lands of the United States, the exact whereabouts of which he informed the defendant Douglass, who, in consideration thereof, agreed to locate mining claims covering such deposits in the name of the plaintiff and himself jointly; that the defendant made two locations, one thereof in his own name, and one in the name of the defendant Rosalind 0. Butter-field ; that said claims were known by the name of the ‘ Stewart Mine” and the ‘‘Mission Mine,” respectively; that the defendant Butterfield took whatever interest she has in the claim standing in her name with full knowledge of the understanding existing between Douglass and the plaintiff. The latter seeks judgment declaring a trust in his favor to the extent of an undivided one-half interest in the claims, and requiring the defendants to convey the same to him. Other parties are made defendants under the allegation that they have or claim some interest in the property in question, subject to the rights of the plaintiff.

This case was before the supreme court on appeal from a judgment entered upon a ruling sustaining a demurrer to the…