Majority
p. 950Joseph C. Stull and Another, Appellants, v. William H. Norton and Others, Respondents.
Order affirmed, with ten dollars costs and disbursements. Held, plaintiffs assert that they did not by the contract acquire title to certain standing timber because defendants did not own and could not convey the title. This defendants deny. The judgment will necessarily determine whether the title passed. Section 982 of the Code, therefore, applies. All concurred.