Fitzgerald v. Kwaterski

Opinion by

James, J.,

James F. Fitzgerald and Anna Fitzgerald, his wife, appellants, filed their bill in equity against Leonard Kwaterski and Anna Kwaterski, his wife, praying that property described be decreed subject to an easement of an alleyway and the owners ordered to execute a writing that had been agreed upon providing for said easement. A decree was entered dismissing the bill. Plaintiffs appealed.

The facts as found by the chancellor are as follows:

On April 14, 1930, plaintiffs by deed conveyed to Edward J. Dukovic and Barbara, his wife, Lot No. 29 and 18 inches of Lot No. 30 in the…