State of California, County of Ventura, ss.
David Houston, being first duly sworn, deposes and says:
That that certain petroleum mining claim known as and called "Sulphur Spur Oil Claim," containing eighty acres, more or less, was located by Oliver Olsen, Neil McTighe, R. L. McCordell and the said David Houston, on the 3d day of April, 1902, the lands covered by said claim being described as follows, to-wit: The North ½ of the Northeast ¼ of Section 19, Township 16 South, Range 11 East, in the County of Ventura, State of California, and that the notice of location thereof was recorded April 4, 1902, in the office of the County Recorder of said County of Ventura, in Vol. 3 of Miscellaneous Records, at page 76;
That this affiant, in the year 1903, caused labor to be performed and improvements to be made on said claim of the value of at least One hundred dollars ($100);
That thereafter this affiant served upon each of said persons, to-wit, R. L. McCordell, Oliver Olsen and Neil McTighe, a notice in writing, in the form and to the effect of the copy of notice hereunto annexed and made a part hereof, and that he served said notice on said persons on July 1st, 1904;
That more than ninety days have expired since the service of said notice upon the said R. L. McCordell, Oliver Olsen and Neil McTighe, and that each of them refused, and during said period of ninety days each of them has continued to refuse, to contribute to said affiant his respective proportionate share of said expenditure, or any part thereof.
Wherefore, this affiant, David Houston, claims that by virtue of the premises, and of Section 2324 of the Revised Statutes of the United States, he became the owner of the interests of said R. L. McCordell, Oliver Olsen and Neil McTighe, of, in and to said Sulphur Spur Oil Claim.
Dated at Ventura, California,, November 10, 1904.
David Houston. (Seal)
Subscribed and sworn to before me, this 10th day of November, A. D. 1904.
(Notarial Seal) J. B. Williams,
Notary Public in and for the County of Ventura, State of California.
(Copy of Notice.)
Ventura, California, July 1st, 1904. To R. L. McCordell, Oliver Olsen and Neil McTighe:
You are hereby notified that, Whereas, on the 4th day of April, 1902, yourselves, in company with David Houston, located under the laws of the United States, and local customs laws and regulations, 80 acres of placer mining ground containing petroleum, situated in Ventura County, State of California, and particularly described as the North ½ of the Northeast % of Section Nineteen, Township Sixteen, South of Range Eleven, East M. D. B. & M., and designated said claim as Sulphur Spur Oil Claim, and on the 4th day of April, 1902, caused the notice of said location to be filed and recorded in the office of the County Recorder of said County of Ventura, in Vol. 3 of Miscellaneous Records, at page 67; and,
Whereas, in order to hold, work and secure patent to said mining claim, it was necessary that not less than $100.00 in labor and improvements should be expended on said claim in the improvement and development thereof for and during the year 1903, and a failure to make such expenditure would cause said claim to be open to re-location in the same manner as if no location had ever been made; and,
Whereas, said David Houston, in the month of December, 1903, caused labor to be performed and improvements to be made on said claim, to the value of $100.00, for the year 1903, as will appear by the affidavit of such assessment work filed in the office of the County Recorder of said County of Ventura, and recorded therein on January 3d, 1904, in Vol. 3, Miscellaneous Records, at page 198:
Now, therefore, you, and each of you, are hereby notified to contribute your proportionate share of such expenditures, to-wit, each of you the sum of $25.00, and unless you each pay to the undersigned the sum of Twenty-five Dollars within Ninety (90) days from the receipt of this notice, the interest and right of such of you as shall fail or refuse to contribute your proportionate share of such expenditures, within the time specified as aforesaid, shall be forfeited and become the property of the co-owners as shall have made the required expenditures and contribution in accordance with the provisions of Section 2324 of the Revised Statutes of the United States.
David Houston. (Seal)