The’ decision in the case of Simons v. Munch, supra, page 360, 132 N. W. 321, controls this case.

Judgment reversed on appeal of plaintiff and allied interveners, and case remanded, with directions to the trial court to amend its conclusions of law in accordance with the opinion in the case of Simons v. Munch, and to order judgment accordingly.

Affirmed on appeal of intervener Taylor.