An agreement to locate need not be in writing. If a party, in pursuance of an oral agreement to locate at the expense of another, locates the claim in his or her own name, he or she holds the legal title to the ground in trust for the benefit of the party for whom the location was made. Such a party could, upon making the necessary proofs, compel the locator of the mining claim to convey the title to him or her, although the agreement to do so was not in writing. Such an agreement is not within the statute of frauds.