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LESZCZYNSKI v. SURGES

30 Wis.2d 534 (1966)

LESZCZYNSKI, Appellant, v. SURGES and wife, Respondents.

Supreme Court of Wisconsin.

April 12, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Lichtsinn, Dede, Anderson & Ryan of Milwaukee, and oral argument by Eldred Dede,

For the respondents there was a brief by Eisenberg & Kletzke, attorneys, and Ralph Lessing of counsel, all of Milwaukee, and oral argument by Mr. Lessing.

HALLOWS, J.

We concude the trial court was correct in denying summary judgment although we reach that result on slightly different grounds.

From the complaint we learn that in 1929 Stanley L. Krzysko owned eight lots, four of which fronted on South Forty-third street and four on South Forty-fourth street in the city of Milwaukee. The back boundaries of these lots were common. These lots and the sunken garden are shown in the diagram. On August 12, 1929, Krzysko...

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