Opinion by

The plaintiffs commenced their actiom in the district court of Haskell county for possession of -real estate described in the petition, asserting to be the heirs of the allottee. In the trial of the cause, judgment was. rendered in part for plaintiffs and in part for defendants. This cause has, been regularly assigned and \sutomitted. The plaintiffs in eiror have filed their motion for dismissal of the appeal. The defendants in error are not seeking relief by cross-petition in the action.

It isi therefore anoommended that! -the cause be dismissed.

By the Court: It is bo ordered.