Hallack v. Traber

This is an appeal from a judgment upon pleadings, consisting of a complaint and answer. The undisputed facts are that the Little Nell lode mining claim, this being the property in dispute, was originally located by E. C. Cavanaugh and others, the location certificate being filed on June 11, 1889. Afterwards, by various conveyances, the title passed into the parties to this action, plaintiffs and defendants, who held the property as tenants in common.

While the property was so held it was deeded to Erastus F. Hallack, appellant, in trust, for the purpose of obtaining a patent thereto for the…