Hinchman

This is the second appeal. The cause was reversed on the first, and remanded for such further proceedings as to the trial court might seem proper. The District Court allowed an amendment of the complaint in such manner as to show that the suit was instituted in support of an adverse claim, entered in the Land Office, to the application of the defendant, Solomon Ripinsky, for a homestead patent in pursuance of survey No. 573. A new trial was had, 'resulting in a decree that plaintiffs take nothing by the bill of complaint; that defendant is the owner of the following parcels of land,- comprised by survey No. 573, namely, a parcel 100x150. feet in area in the extreme east end off said *3 survey, and parcel No. 5, in block 1, according to a plat made by Walter Fogelstrom; and that Ripinsky, the defendant, recover of and from the plaintiffs his costs and disbursements. From this decree, both plaintiffs and defendant prosecute an appeal. The appeal of Ripinsky is known on the docket here as No. 2,015, and that of Hinchman et al. as No. 2,045. When the cause was reversed on the prior appeal, costs were awarded to Ripinsky, the defendant and appellant. The amount of these costs was taxed…