Turner

(after stating the facts as above). There are certain facts that are well established by the evidence. 'First, it *768 is shown, and it is not disputed, that the appellant and Creel entered into a grubstake contract with A. W. Wells; that Wells stated that he did not wish to go into the mountains alone; and that he wished to take Burgess Robinson, his stepson, with him. For the reason that Burgess was then a minor, the plaintiff and Creel did not include him in the grubstake contract, but it was agreed that Wells was to take Burgess with him on his own account, and to settle with Burgess out of his profits in the grubstake contract’. Creel and Wells were to share equally, one-third each. Second, it is shown that all the claims in controversy were located in June, July, and August, in 1907, 'and all of the location certificates, with the exception of two — that of the Iron Max and that of the Golden Rule No. 1 — were witnessed by A. W. Wells and were recorded at' the request of A. W. Wells. The Iron Max claim was located in the name of Mrs. Wells’ two sons'. The Beveridge Bell claim and the Kate J. claim were located in the names •of Mrs. Kate J. Wells and Burgess. The Catch-em-Mac…