Hallock v. Wear

Plaintiffs Raymond Wayne Hallock and Freda E. Hallock brought an action against the defendants Robert W. Wear and James R. Wear, seeking a declaratory judgment for an easement by implication on defendants’ property and damages for its destruction by defendants. Defendants filed a third-party action against Lillian E. Hamilton and Sterling M. Shafer, executors of the estate of Nellie Pearl Shafer (hereinafter estate), the previous owner of the parcels now owned by plaintiffs and defendants. Following a bench trial on count I, the trial court entered judgment for the defendants, finding…