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Asotin v Clarkston
Court of Appeals Washington (1970)
Author: Sam Biers
Facts: Three pieces of land
were foreclosed for taxes owed by Asotin County in 1938.
The county then brought an action to quiet title in themselves to
property described otherwise. In 1940 Lewiston Clarkston conveyed
property listed in Asotin county. Asotin and its
attorney failed to locate the recorded title, after an
exhaustive search of the chain of title to no avail.
Legal Issue: Whether the
land descriptions are adequate so as to support the trial courts
findings of facts and conclusions of law?
Holding: No.
Descriptions are inadequate.
Rule: If a person can
successfully use the description given in an attempt to locate
and identify the particular property sought then it is
sufficient.
Procedure: Trial Court
returned favor of Clarkston, Asotin(PLFF)
appealed. Affirmed.
Court Rationale: Adequacy
of description was resolved and considered 63 years previous,
when it established that a description which designates the land
conveyed as a portion of a larger tract without identifying the
particular part conveyed is fatally defective.
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