Gibson v. Hammang

Action to Annul Deed—Costs.—An action to annul a deed made by a testator in her lifetime to the defendant, brought by the heirs at law who were devisees under the will, is an action involving the title to the land in question, and where plaintiffs recover part of the property sued for, they are entitled to costs as a matter of right, under section 1022 of the Code of Civil Procedure.

Id.—Motion to Amend Decree.—Where the decree for the plaintiffs improperly disallowed costs to- the plaintiffs, a motion may be properly made by the plaintiffs, under section 663 of the Code of Civil Procedure, to amend the conclusions of law and to vacate that part of the judgment disallowing costs, and to enter judgment for costs in their favor.