Page:Federal Reporter, 1st Series, Volume 5.djvu/15

 BTBEB V. HAWKETT. 3 �lowing debts, to-wit: to James Neely, administrator of Evan Taylor's estate, $2,784.56; Kasper Kubli, $882.68; Dan Green, $500; William Smith, $500; and pay to the plaintifiP $1,432, — in ail, $6,099.24; "said amounts to be paid down, or on Buch time as may be agreed upon by the said defendants and the peraons to -^hom said debts are due;" (3) that said defendants would put upon the property, at their own expense, "such improvements and additional machinery as may be nec- essary;" but such expense and "the amounts" aforeaaid wera "to be repaid" to said defendants "out of the profits taken out of said mines" before any "dividenda" were paid to the members of the company, but thereafter the said profits were "to be equally divided between the three members of said company;" and (4) that said property, together with the improvements thereon and thereafter put on, "are to be held as a lien and security for the payment of the debts above specified." �On the day of this agreement said Hawkett & Eobinson paid $3,716.56 upon said debts, to-wit : the debt to Neely in fuU, $500 to Kubli, and $432 to the plaintiflf, and gave their notes for the remainder— the one to Kubli being also signed by the plaintiff. The debts of Green and Smith remain unpaid — the latter not having become due until March, 1880, and the former having been taken up by the plaintiff, Judg- ment has been obtained against the makers upon the note to Kubli, and an action is pcnding upon the one given to the plaintiff, in which the property in question was attached on June 2, 1879. It is also alleged by the plaintiff that one William Irwin was the equitable owner of an individed third of said property, and that Hawkett & Eobinson, in consid- eration of the sale to them of said interest, agreed to pay to and for said Irwin the sum of $2,500, in pursuance of which they paid to two persons $1,000 in cash, and gave theîr promissory note to the wife of said Irwin for $3,128.33, which is still unpaid, and now held by the defendahts Gazley and' Fink; and also their note signed by the plaintiff to the' defendants Kubli and Boit for $85.43, which the plaintiff- has since paid, and promised to pay the plaintiff $86.24, then ����