HOLMBERG v. BERGIN

No. 41756.

172 N.W.2d 739 (1969)

Melvin HOLMBERG, et al., Respondents, v. Raymond BERGIN, et al., Appellants.

Supreme Court of Minnesota.

December 5, 1969.


Attorney(s) appearing for the Case

Schwinn, Nelson & Courey, Minneapolis, for appellants.

R. Gordon Nesvig, Minneapolis, for respondents.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and ROGOSHESKE, JJ.


OPINION

NELSON, Justice.

Defendants, Raymond Bergin and Vernice Bergin, appeal from a judgment of the district court entered August 27, 1968.

Plaintiffs and defendants are adjoining landowners residing respectively at 5441 and 5437 Woodlawn Boulevard in the city of Minneapolis. The north line of plaintiffs' property is the same as the south line of defendants' property.

Defendants purchased their lot in 1941 and in 1942 planted an elm tree...

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