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GROSSHANS v. RUEPING

36 Wis.2d 519 (1967)

GROSSHANS and wife, Plaintiffs and Appellants, v. RUEPING, Defendant and Respondent:RUDOLPH and others, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Cross, Langer & Krainik of Baraboo, and oral argument by Clyde C. Cross.

For the respondent Paul R. Rueping there was a brief by Hill, Miller & Quale of Baraboo, and oral argument by James H. Hill.

For the respondents Merlin L. and Della M. Denzer, and Virgil and Velma Strait, there was a brief by Arthur, Tomlinson & Gillman of Madison, attorneys, and for Charles W. and Alta R. Rudolph by Hans O. Helland of Wisconsin Dells, attorney, and Ray A. Tomlinson and Bruce Gillman, both of Madison of counsel, and oral argument by Bruce Gillman.

HANLEY, J.

The Grosshanses and Rueping are adjoining landowners, and a dispute arises out of two conveyances by the common grantors, Virgil Strait and his wife. Prior to August 16, 1947, the Straits owned all of the land presently owned by the Grosshanses and Rueping, the description in their deed reading as follows:

"The North Half (N ½) of Southwest Quarter (SW ¼) of Section Ten (10), Township Twelve (12) North, of Range Six (6) East, except a...

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