Johnston

Johnston v. Shaw

Good Law
111 C.C.A. 298·190 F. 466·3 Alaska Fed. 655·1911 U.S. App. LEXIS 4449
United States Court of Appeals for the Ninth CircuitSeptember 5, 1911No. 1,840California2,376 words

Opinion

Lead Opinion

Morrow, J.

(after stating the facts as above).

The controlling' question in this case is whether Applebaum, the defendant in the attachment suit had any interest in the attached property at the time of the levy of the attachment. Whether he had such an interest depends upon the construction to be placed upon the contracts entered into between himself and Johnston and the situation and relation of the parties with respect thereto at the time of the attachment; that is to say, the contracts provided for a succession of relations between the parties with respect to the working of the property, and these successive relations may tend to shpw what interest, if any, Applebaum had in the property.

The agreement of September 5, 1907, after reciting that Applebaum and Darud were lessees of a certain mining claim, and that Applebaum was desirous that Johnston should take full control, charge, and supervision of the *662 working of said ground, provides that Johnston “is to advance the money necessary to pay the operating expenses, now until the said parties hereto shall commence to hoist pay”

It appears from the evidence that a small quantity of gold-dust was taken from the mine as early as…

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