Opinion
November Term, 1901.
Judgment and order denying motion for a new trial affirmed, except that part of the judgment which awards costs to the defendant, and as to that part reversed with costs to respondent. Order denying application for certificate reversed. —
The order denying motion for a new trial and the judgment should be affirmed, except that part of the judgment which awards costs to the defendant, and as to that part it should be reversed, with costs to the respondent. The order denying the plaintiffs' application for a certificate should be reversed, as we are of opinion that in this action a claim of title to real property arises on the pleadings, and an application for a certificate in such cases is unnecessary. The plaintiffs should make application to the clerk for taxation of their costs. All concurred.