Samuel Freeman Miller

“ If he chose to dispose of one-eighth or of the whole of it by selling it outright, or by leasing it for two or five or ten years, he had the right to do it. In such event, however, he became liable to Sumner for so much of the $10,000 as had not been exhausted by paying the contributions properly assessable against the one-eighth of Edward H. Sumner. This option he exercised by making the lease to Jenks. If the results of that lease have been as profitable as Hill might have supposed it would be, he could well afford to pay the remainder of the $10,000. ”

“ It appears from the record that on and prior to the 12th day of February, 1880, the defendant Hill and Edward R. Sumner, and his son, Edward H. Sumner, were the owners of a mine, called the 'Buckeye Lode,' situated on Fryer hill, in the California mining district, in the county of Lake and state of Colorado; that the said Edward R. Sumner was the owner of one-eighth, and his son, Edward H. Sumner, the owner of another one-eighth, undivided, of this mine, of which Hill was the owner of the remainder. ”

“ This is a writ of error to the circuit court of the United States for the district of Colorado. The action was originally brough by Mary J. Sumner, the present defendant in error, against David K. Hill, plaintiff in error, in the district court of Arapahoe county, in the state of Colorado, and was afterwards removed by Hill, on the ground of diverse citizenship, into the circuit court of the United States. ”