Shears v. Hindley
Cross-defendant and appellant Carol Hindley, individually and as successor trustee of the Trust Agreement of Robert McKeown and Bernice McKeown, (McKeown Trust) appeals from a judgment of the Humboldt County Superior Court in favor of respondents Douglas B. Shears, Ulla M. Nielsen, Steven B. Town and Velma Town (respondents) arising from the sale of certain property sold by the McKeown Trust to respondents. The property was purportedly benefitted with a deeded easement over neighboring lands owned by A.F. Butch Reeves and Sherry Reeves. In the underlying quiet title and trespass action by the Reeveses against respondents, the trial court found the Reeveses land was not subject to respondents deeded easement and quieted title in favor of the Reeveses. (See Reeves v. Shears (filed Oct. 15, 2004, A101730) [nonpub. opn.], 2004 WL 2320358.) In Reeves v. Shears, respondents filed a cross-complaint against the Reeveses and against appellant, seeking damages from appellant for the diminution in value of the property they had purchased from the McKeown Trust, in the event respondents were unsuccessful in securing their right to the easement in the Reeveses action.
Court shall conclude that only this last contention has merit.
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