O & W LINES v. ST. JOHN


26 A.D.2d 145 (1966)

O & W Lines, Inc., Plaintiff, v. Elizabeth St. John et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 7, 1966.


Attorney(s) appearing for the Case

Francis R. Paternoster and Vernon Murphy for plaintiff.

Henry Temes for defendants.

Weiss & Costa (Lawrence E. Lagarenne of counsel), for Hartwood Syndicate, Inc., amicus curiæ.

GIBSON, P. J., REYNOLDS, TAYLOR and STALEY, JR., JJ., concur.


AULISI, J.

This action, submitted to us upon an agreed statement of facts for initial determination, pursuant to CPLR 3222, presents the question whether a deed to a railroad company dated in 1869 conveyed a fee which could be conveyed by the receivers of the now defunct railroad in 1957 or whether something less than a fee was conveyed so that a reversionary interest lies in the heirs of the original grantors...

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