Smith v. King

The defendant, King, appeals from a judgment establishing the location of an easement across the plaintiffs' real property. He asserts that the trial court erred in locating the easement.

When the plaintiffs, the Smiths, purchased their property from Arthur and Lillian Froland in 1954, the Frolands reserved the right to select the location of an easement over the Smiths' land. On June 2, 1977, after her husband's death, Mrs. Froland conveyed her property to King. Before doing so, her lawyer sent the Smiths' lawyer a quitclaim deed purporting to convey an easement to Mrs. Froland over the…