Davis

The appellant, acting as administrator de bonis non of the estate of W. W. Pendergraft, and also in his capacity as the administrator of the affairs of the partnership business carried on at Fairbanks, Alaska, by W. W. Pendergraft and John Aldridge, under the partnership name of Pendergraft & Aldridge, and also known as Imperial Cigar Store, brought action to cancel a mortgage given by W. W. Pendergraft, the surviving partner, on November 13, 1920, to the appellee George Hutchinson, as trustee, upon all the real and personal property of the copartnership to secure the-payment of $5,500, and for an accounting for all moneys paid on account of said mortgage.

The mortgage was given to secure indebtedness evidenced by the following promissory notes, to wit: A note of October 20, 1916, for $1,000, and interest, in favor of Julius Gius, executed by Pendergraft in his individual capacity; a note dated March 5, 1918, for $900, and interest, executed by the copartnership in favor of Henry Doring; another by the copartnership for $500, and interest, executed August 31, 1920, payable to the First National Bank of Fairbanks, Alaska; another note for $3,000, and interest, executed October 4,…

(concurring in result).

I think that the Uniform Partnership Law irreconcilably conflicts with the Compiled Statutes of Alaska. Each is complete in itself, and exclusive respecting the management or administration of partnership property upon the death of one of the partners. If, therefore, the Uniform Partnership Act is valid, it necessarily operates to repeal the Compiled Statutes pro tanto. While, under principle of United States v. Wigger, 235 U.S. 276 , 35 S.Ct. 43 , 59 L.Ed. 226 , the question is not free from doubt, I ac *454 cept Judge WILBUR’S view that the Partnership Act is valid, and ,hence concur in affirming the judgment.