Powel v. Schultz Case Brief
Summary of Powel v. Schultz, Ct. App. Washington
Facts: In 1910 Aardal owned lot 3, S13T24NR3W, in Washington. Then conveyed S half of lt to Ericksstad with the creek being the divide. There 2 creeks; North Creek and Rock Creek. Erickstad passed to Schultz and Aardal to Powell.
Issue: Which stream is the legal description of boundary?
Holding: Center of Rock Creek
Procedure: Tr ct determined Rock Creek. Affirmed.
Rule: Intent of previous description and previous deeds.
Ct. Rationale: Evidence supports center of Rock Creek as the halfway boundary, and the original intent was to divide the lot at the halfway point.