The Law School Authority

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.




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