Page:North Dakota Reports (vol. 2).pdf/429

 plaintiff demanded of defendant the said money so collected, but that defendant refused to pay the same or in any wise to account therefor to plaintiff.” The prayer is that defendant be required to account for the proceeds of the farm, and also for the proceeds of the personal property, including the note, with interest. The following details, which also appear by the complaint, may here be conveniently grouped, viz: That the deed of plaintiff's farm was delivered to defendant on March 20, 1885; that the trust agreement was entered into on April 20, 1885; that the farm and the farm property before mentioned was, in furtherance of the trust, tarned over to the defendant on May 20,1885. The plaintiff was convicted and sent to the penitentiary in June, 1885, and he was not released until March, 1888 Defendant demurred to the complaint, setting up the following ground: “That it appears upon the face of the complaint that several causes of action have been improperly united therein, to-wit, a cause of action against said defendant in the character of trustee for an accounting, and a cause of action at law against said defendant for the conversion of a promissory note.” The district court overruled the demurrer, and the defendant appealed from its order, and assigns it as error.

The single question for determination is whether the acts and transactions of the defendant in relation to the $75 note, which are stated separately as the third cause of action, are properly united in the same complaint with those other matters and transactions which are set out in the first and second causes of action. The matters set out in the first and second causes of action are confessedly and clearly of a character which involve a relation of trust between the parties to the action, and hence, as was held by this court on a former appeal of this action, such matters must be heard and disposed of by a court of equity, and not by a court of law. 1 N. Dak. 75. All of the claims of the plaintiff against the defendant, as stated in the first and second causes of action, are clearly such as may be united in one complaint against a trustee as such. Subdivision 7, § 136, Code Civil Proc. (Comp. Laws, § 4932) expressly provides that several causes of action may be united in a complaint where there are “claims against a trustee by