Abbott v. Smith

By the complaint in this case it is alleged that the plaintiff in error, Abbott, and the defendants in error, Smith and Creede, did, in the early part of the year 1885, enter into what is commonly understood as a prospecting partnership contract. Abbott and Smith were to contribute money and supplies, and Creede to prospect and locate and work mining claims; and the claims located were to be located and recorded in the names of Abbott, Smith and Creede jointly.

That on August 26, 1889, and while this contract was in force and effect, Smith and Creede discovered and located two mining claims…