Bailey v. . Hayman

The action of the court in taxing the costs to he paid proportionately by the several parties to this action must he held for error.

O. S., 1241, reads, in part: “Costs shall he allowed of course to the plaintiff, upon a recovery . . . (1) In an action for the recovery of real property, or when a claim of title to real property arises on the pleadings, or is certified by the court to have come in question at the trial.” C. S., 1244 (7), provides that all costs and expenses incurred in special proceedings for the division and sale of either real or personal property under the chapter entitled…