Powell v. Schultz

4 Wash.App.213 (1971)

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Nature of the Case

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Facts

Aardel owned land. They conveyed the southern half of their land to Erickstad making the Creek running through the lot the dividing line. There were two streams running through the land one called North Creek and the other called South or Rocky Creek. The land conveyed to Erickstad was eventually passed to Schultz (D), and the land owned by Aardel was acquired by Powell (P). P sued D to dispute which creek divided the property. The trial court determined that Rocky Creek was the dividing line as this would more evenly divide the property.