Leber v. United States ex rel. Fleming

MORROW, Circuit Judge.

In a suit commenced in the court below on November 8, 1906, by Robert H. Fleming against R. E. Leber, administrator of the estate of Victor Baubet, deceased, and R. E. Leber, defendants, it was alleged in the complaint duly filed that, pursuant to certain agreements, conveyances, and leases, the plaintiff on April 14, 1906, became entitled to receive from the defendant R. E. Leber 10 per cent, of the gross output of gold from certain mining premises in Alaska until the sum of $2,500 due to the plaintiff should be fully paid; that the said Leber had collected from the…