Leber

In a suit commenced in the court below on November 8, 1906, by Robert H. Fleming against R. E. Leber, administrator of the estate of Victor Baubet, deceased, and R. E. Leber, defendants, it was alleged in the complaint duly filed that, pursuant to certain agreements, conveyances, and leases, the plaintiff on April 14, 1906, became entitled to receive from the defendant R. E. Leber 10 per cent, of the gross output of gold from certain mining premises in Alaska until the sum of $2,500 due to the plaintiff should be fully paid; that the said Leber had collected from the laymen and lessees of the said mining company as royalty for the privilege of working and mining such property large quantities of gold dust of great value, the exact amount of which was unknown to plaintiff; that he had been informed and believed, and accordingly alleged, that the defendant Leber had collected and received gold dust in sufficient quantities and of sufficient value to entitle the plaintiff to the full sum of $2,500 from the defendant; that said sum had not been paid, nor any part thereof, save and except the sum of $953.75, paid him from time to time by the said Leber; that upon information and belief…