Powell v. Schultz

A 1910 deed split a lot into northern and southern halves along "the Creek running through said Lot," but by the time of this dispute two creeks -- North Creek and South Creek -- ran through the property; Schultz (defendant), owner of the southern half, argued North Creek was the only creek in 1910 and later split via avulsion, while Powell (plaintiff), owner of the northern half, argued the split had already occurred before 1910. The trial court found South Creek was the boundary because it gave each party closer to half the original lot than a North Creek boundary would.