Powell v. Schultz

Facts

Plaintiff’s predecessor in interest Syvert Aardal and Martha Aardal owned property otherwise known as Lot 3. On July 7, 1910, the Aardals conveyed by deed, the southern one-half of Lot 3, to Defendant’s predecessor in interest, John Erickstad. The dividing line of this property was described as the creek running through Lot 3. However, there are two streams running through lot 3, the North Creek and the South or Rocky Creek.  Therefore, a dispute arose between Plaintiff and Defendant concerning which of the streams is the dividing boundary.

Plaintiff sued Defendant claiming that Rocky Creek or South Creek is the correct boundary line. Defendant argued that North Creek was the correct creek because it was the only creek at the time the Aardals conveyed the property. Defendant stated that an avulsion occurred that caused a diversion of the creek, forming Rocky Creek, but this happened after the 1910 conveyance. However, Plaintiff claims the avulsion happened before the Aardals conveyed the property. Furthermore, Plaintiff argued that if Rocky Creek is the boundary line, this gives each party half of the property which was the allotment recited in both deeds. The lower court ruled for Plaintiff. Defendant appealed.