Hamersly v. Transamerica Title Insurance

Plaintiffs appeal a trial court ruling granting summary judgment for defendants based upon the doctrine of collateral estoppel. We reverse.

This is the second of two proceedings arising out of a dispute over the transfer by plaintiffs of an interest in a certain parcel of land to a Mr. and Mrs. McClelland. The first proceeding (hereafter called the "McClelland” case) was a suit to reform the transfer instrument. The complaint alleged an agreement between plaintiffs and the McClellands to create an easement granting an access to certain property. The complaint further alleged that, contrary to…