Lehigh Valley Railroad v. Pyle

Judgment unanimously affirmed, without Costs of this appeal to either party. Memorandum: The sole issue presented toy the parties on this appeal is whether the conveyance of 1872 to plaintiff vested in it an absolute fee or a fee on special limitation. We find that an absolute fee was conveyed. (Nichols v. Haehn, 8 A D 2d 405, 409; Corning v. Lehigh Val. R. R. Co., 14 A D 2d 156.) In affirming the decision of the trial court on this issue, we direct attention to the fact that the proposed findings and at least one conclusion of law of both parties, which were passed upon toy the trial court,…