Montz v. Hill-Mont Land Co.

McGIVERIN, Justice.

Defendants Hill-Mont Land Co. and Central Iowa Railway and Development Co., aggrieved by an interlocutory ruling on plaintiffs’ application to adjudicate law points, Iowa R.Civ.P. 105, sought and were granted this appeal in advance of final judgment. Iowa R.App.P. 2. The appeal turns on the propriety of the trial court’s ruling that, as a matter of law, plaintiffs’ predecessors in title conveyed to defendants’ predecessors an interest in land for a railroad right of way which was an easement rather than a determinable fee. We conclude that it was inappropriate under this…