Page:North Dakota Reports (vol. 2).pdf/428

son, he was persuaded to let defendant retain the title to the farm and take possession thereof, with the personal property thereon, upon trust to take charge of, work, and operate said farm, pay off and discharge the incumbrances thereon, and, upon the expiration of plaintiff's imprisonment, to reconvey the farm, restore the personal property, and fully account to the plaintiff. It is alleged that defendant violated said trust by appropriating the subject thereof to his own use, and refusing to account; and an accounting is prayed for.” The second cause of action contains a restatement of the principle facts alleged in the first, adding, however, a detailed description of the personal property which it is stated the plaintiff then had in his possession on the farm, and then intrusted to the defendant’s keeping, to be held in trust, as stated in the first cause of action. Such personal property consisted wholly of farm property, animals, and household effects then upon the farm. No note was mentioned. The personal property is alleged to be of the value of $1,275, excluding the value of the note, and the allegation is reiterated that defendant has converted both the land and personal property to his own use, and has failed and refused to account. As the contention turns especially upon the third cause of action, we give it in full: "For a third cause of action plaintiff makes part thereof each and every allegation contained in the first and second causes of action herein, so far as the same set forth the promises and agreements made by and between plaintiff and defendant and the obligations arising therefrom; and further alleges (1) that on the said 20th day of March, 1885, plaintiff was the owner of a promissory note theretofore executed to plaintiff by one L. M. Kimball, wherein said Kimball promised to pay the plaintiff the sum of seventy-five dollars ona certain day in the fall of the year 1885, the exact date of the maturity of which note the plaintiff does not now remember; (2) that at the said time the note was in the possession of Fuller, Johnson & Co., and, after plaintiff's removal to the penitentiary, defendant, by means unknown to plaintiff, obtained possession of said note, and collected the amount thereof from said Kimball, and converted the same to his own use, to plaintiff's damage seventy-five dollars; (3) that prior to the commencement of this action