Hart v. Casterton

This- is a sequel to Hart v. Casterton, 56 N. D. 581, 218 N. W. 644, and involves solely the question whether the plaintiff is entitled to recover costs in the district court. The action is one to determine adverse claims to real property. The complaint alleges that one Benjamin J. McKay was adjudged a bankrupt; that the plaintiff Hart was elected trustee of the estate of said bankrupt; that at the time of the adjudication in bankruptcy the said bankrupt was the owner of certain real property described in the complaint; that consequently the plaintiff, as trustee of the estate of said…