title: jQuery sortable and droppable tolerance issue
body: <p>We have a nested menu within our page where drag and drop is enabled to reorder and nest menu items..</p>
  
  <p>There seems to be an issue (we are using jQuery 1.7.2 and UI 1.8.22) where if you have both a sortable and droppable, the tolerance for sorting is not consistent and is causing an issue.</p>
  
  <p>An example is going to explain it better than I can...</p>
  
  <p><a href="http://jsfiddle.net/8fUxV/5/" rel="nofollow">http://jsfiddle.net/8fUxV/5/</a></p>
  
  <p>I have just created the minimum needed to show the issue, and not the nested menus, merely the mechanism we are using to make it work.</p>
  
  <p>Pick up "Item 4" and very slowly drag it upwards. 3 will become highlighted, meaning that is the target for the drop. Fine, but keep moving up until it is in the gap between 2 and 3. I want to drop it here and cause a sort. But if I do, as 3 is still highlighted, it will "drop" instead (and in our real code, create a nested menu).</p>
  
  <p>There are actually a few pixels just before item 2, where you can get the desired effect. However, if you move down too far, it will again drop instead of sort.</p>
  
  <p>Essentially, the issue is that I would think if the item were in the gap it should sort and only drop when I am over the other highlighted item.</p>
  
  <p>I have a part workaround, that forces UI to recalculate the positions - uncomment the code in the "out" function.</p>
  
  <p>Now whilst you still get the same problem if you drag 4 upwards, if  you touch 2 and move back down into the gap, nothing is highlighted so it will sort correctly.</p>
  
  <p>But the issue remains that the first drag upwards doesn't work as you would expect on that first rearrange.</p>
  
  <p>(I did try adding the workaround into the _mousedrag of ui.sortable in the jquery.ui code, and it does solve the problem....but I have no idea what I'm doing in there :)</p>
  
  <p>So I'm not sure if I am doing something wrong or if this a bug?</p>
  
  <p>Has anyone come across something similar before I log a bug report?</p>