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LUDKE v. EGAN

No. 76-037.

87 Wis.2d 221 (1979)

274 N.W.2d 641

Frederick J. LUDKE, as Successor Personal Representative of the Estate of Catherine Ludke, Plaintiff-Respondent, v. EGAN, and wife, Defendant and Third-Party Plaintiffs-Appellants: BANK OF KAUKAUNA, Defendant and Third-Party Plaintiff: MICKE, and wife, Third-Party Defendants-Respondents: OSCAR J. BOLDT CONSTRUCTION COMPANY, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided January 30, 1979.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Esler & Esler of Kaukauna.

For respondent Frederick J. Ludke the cause was submitted on the brief of Bradford & Gabert, attorneys, and Edgar Becker, of counsel, all of Appleton.

For Urban and Catherine Micke the cause was submitted on the brief of McCarty, Curry, Wydeven, Peeters & Riester of Kaukauna.

CONNOR T. HANSEN, J.

On March 20, 1974, the personal representative of the estate of Catherine Ludke brought an action against the appellants for a declaratory judgment seeking either an easement by necessity or by prescription over the appellants' land for the benefit of a landlocked parcel owned by the estate. The appellants brought a third-party action against the Mickes, third-party defendants and respondents, as grantors, for damages resulting if an easement...

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