Gerard

Appeal from a portion of a judgment of the United States District Court denying plaintiff’s claim of a 22%% interest in certain real property commonly known as “Death Valley Scotty’s Castle”. Jurisdiction is based upon diversity of citizenship plus the requisite jurisdictional amount.

The facts upon which the plaintiff (appellant herein) sought to establish his claim to the “Castle” are as follows:

From 1902 to 1907 the appellant furnished defendant Walter Scott, sometimes known as “Death Valley Scotty” with a total of $10,000.00, to be used by Scott in locating and developing mineral deposits. Prior to August 9, 1907, difficulties arose between Scott and appellant and negotiations for the settlement thereof were conducted for some time. As a result of these negotiations appellant and Scott settled their difficulties by entering into an agreement dated August 9, 1907, pertinent parts of which read as follows:

The performance of this agreement on the part of Scott was guaranteed by the defendant Johnson, who had theretofore on May 29, 1906, been conveyed an undivided one-half interest “in and to all minerals theretofore or thereafter located or discovered by” the defendant…