Nygard v. Dickinson

GARRECHT, Circuit Judge.

The appellees, as plaintiffs, brought suit against the appellants, praying that they be decreed the owners of an undivided one-third interest in certain mining claims situated in Alaska; that they be decreed entitled to an undivided one-third interest in the sum of $30,000 agreed to be paid by defendant Evis Corporation to defendants Nygard and Nuckolls, in payment of the purchase price of said mining claims.

At the trial the following facts were brought out:

In 1904 Gunder Nygard located a mining claim which he named the “Goo Goo”, near Sea Level, Thorne Arm, in the…