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(after stating the facts as above).

Numerous objections and exceptions were taken to the findings of the court, as to both the fact and the law; but the objections here are reduced practically to three. These are:

First, as it respects the measure of distribution of the proceeds of the claim.

Second, the manner of giving judgment against Dunbar, Manley, and Rice; the same being severally instead of jointly and severally.

Third, awarding the First National Bank of Fairbanks one-third of the funds in court under a mortgage and assignment admittedly paid and discharged.

Before entering upon a discussion of these objections, the legal title should be settled. This was practically done when the case was here before. The plaintiff was declared to be the owner of an undivided one-half interest in the mining claims involved. This left in Scott and Dunbar an undivided one-half; but, they having conveyed to Manley and Rice an undivided one-third of their interest, which would be an undivided one-sixth of the whole, an undivided one-third was left in their right. The judgment as to the title of these mining claims should therefore be for the parties in proportion as thus indicated.

It…