Robinson

T his action grew out of the following facts: Plaintiff, Catharine N. Robinson (wife of James M. Robinson), and defendant were co-owners of two certain groups of mining claims, upon one of which defendant asserted that he, at his own expense, had done the assessment work required by section 2324 of the Revised Statutes of the United States [5 Fed. Stats. Ann., p. 19, U. S. Comp. Stats. (1916 ed.), sec. 4620] for the years 1910 to 1912, both inclusive; and that upon the other group he had done said assessment work for the years 1908 and 1912, both inclusive.

On November 5, 1913, he caused to be served upon plaintiff, as such co-owner, the notice provided by said section, wherein it was stated that if the co-owner neglected to pay and contribute her share of the expenditure so claimed to have been made by defendant within ninety days from the date of service, her interest in said mining property would become that of defendant.

The complaint, filed February 3, 1914, after stating the fact of service of said notices, alleged that plaintiff and defendant jointly, and not defendant alone, had done the assessment work, each contributing one-half the cost and expense thereof; that…