(dissenting.) I do not concur in the part of Mr. Justice Daniels’ opinion which provides for modification and affirmance without costs. The plaintiff is beyond doubt the real party in interest, and as such was authorized to bring the action, as is conceded in the opinion. If so, while it may be proper to compel Isidor Korn to unite in conveyance, yet, if the action was properly brought, there seems to be no reason why the plaintiff should not have his costs.