New Jersey Superior Court Appellate Division November 11, 1952 (Conley v. Windston)

HAx'eviax, J. S. C.

The defendant herein moves for a summary judgment on the ground that there exists no *236genuine issue as to any material fact, and that he is therefore entitled to a judgment as a matter of law.

Plaintiff and defendant are the owners of contiguous lots. The defendant obtained title by a conveyance from William Allison and Mary W. Allison, his wife, on September 23, 1946.