Leszczynski v. Surges

We conclude 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 conveyed to John Leszczynski and his wife Setryda lots 22, 23, 8, and 9. Setryda was a sister of Mrs. Krzysko. After Setryda Leszczynski’s death…