Lease v. Zarndt

The plaintiff purchased certain real estate from the defendants, Frank and May Sawle, on May 12, 1964, including a parcel 40 feet in width, formally known as McKinley street, which extends to the shore of Lake Mendota and lies east of an alley and north of another parcel purchased by plaintiff.

The defendants, Sawles, had purchased the property in 1958 from the defendants, Fred and Ella Zarndt. There is a deed restriction relating to the vacated McKinley street which appeared in prior warranty deeds conveying this property, dating back to 1922, but did not appear as an exception to the…