The only question presented is the judgment against the defendants for costs. Paragraph 1 of the complaint- alleged that the plaintiff was the owner of a tract of land set out by metes and bounds. To this the answer averred that the defendants “have not sufficient knowledge or information to form a belief, and therefore deny the same.” Revisal, 479 (1). There were other allegations in the complaint as to boundaries, which were also denied. Upon the issues thus raised, the case was transferred to the term of the Superior Court for trial without exception. The judge made an order, “It appearing to the court, from the pleadings, that a survey of the lines and boundaries mentioned in the pleadings is necessary to enable the court and jury to intelligently pass upon the contentions of the parties,”. and appointed two surveyors, with directions “to survey all the lines in dispute according to the contention of all the parties, and make a report of the same, with a map showing the various lines and corners in dispute, to the next term of court.” The defendants excepted without giving any ground.
At the trial term, after the jury was impaneled and pleadings were read, the court called attention to the denial in the answer of the plaintiff’s allegation of ownership in paragraph 1 of the complaint, which in effect converted the action into one of ejectment, and inquired of counsel for defendants if they denied plaintiff’s title to all the land claimed, or only such portion along the side-lines as were covered by a conflict of claims as to location. No answer was made, and plaintiff was proceeding to offer proof of title, when defendants’ counsel stated that they admitted the plaintiff was the owner of and entitled to the land shown on the court map as lying within the boundaries, R. S. V. P., and said that was the true and correct location of the lines and boundaries of her land. The counsel for the plaintiff stated they could not recover any more than that, and asked for judgment in favor of the plaintiff according to said admission, which motion was allowed by the court, with costs.
The defendants objected that they were not liable for costs, as their admission was only in accord with their contention as run by the surveyor. The court held that as the defendants had denied plaintiff’s allegation of ownership in its entirety, and had caused the clerk, upon the *642issues thus raised, to transfer tbe cause to tbe civil issue docket at term for trial, and bad made no admission until tbe trial was in progress, tbe plaintiff was entitled to recover costs, under tbe statute; but inasmuch as tbe plaintiff saw fit to accept defendants’ admission and move for judgment thereon, without swearing, tendering, or examining any witnesses, tbe .plaintiff was not allowed to prove tbe attendance of any witnesses against defendants at this term. In this we find no error.
Revisal,,1264 (1), provides: “Costs shall be allowed, of course, to tbe plaintiff upon a recovery (1) in an action for tbe recovery of real property, or when a claim of title to real property arises on tbe pleadings, or is certified by tbe court to have come in question at tbe trial.” Tbe answer of tbe defendants put tbe title in question, and though tbe plaintiff may not have recovered to tbe full extent of tbe contentions in her complaint, she recovered judgment and was entitled to costs. And upon examination of tbe pleadings, tbe order for a survey was not improvidently made.
If tbe defendants bad entertained tbe same view at tbe time of filing tbe answer as at tbe trial, they should have admitted tbe allegations of paragraph 1, and then if tbe plaintiff bad recovered nothing more, costs would have been adjudged against tbe plaintiff. It may well be that by reason of tbe information obtained in making tbe survey tbe plaintiff ascertained that she could not recover anything more than what was alleged in paragraph 1, and that tbe defendants also learned that they could not resist her claim as to that. However that may be, tbe judgment was in accordance with tbe statute.
Tbe plaintiff excepted to tbe refusal to tax her witnesses at tbe trial term against tbe defendants, but such order was properly made. Moore v. Guano Co., 136 N. C., 248; Cureton v. Garrison, 111 N. C., 271.
No error.