King v. Talcott

On plaintiffs appeal, the dispositive issue is whether the trial court erred in granting defendant summary judgment on plaintiffs’ claim for reformation. On defendant’s cross-appeal, the issue is whether the trial court erred in denying defendant reasonable attorney fees for successfully defending the reformation claim and a claim for an implied easement. We affirm on the appeal and reverse in part and remand on the cross-appeal.

Plaintiff Watson Talcott (Watson) and defendant are brothers. Their relationship was harmonious until the Talcott family property was divided in 1971. Before 1975,…