Powell v. Schultz

In 1910, the owner of a lot conveyed its southern half to Erickstad, with the deed describing the dividing line only as "the Creek running through said Lot." By the time of this dispute, two creeks, North Creek and South Creek, ran through the property, dividing Powell (plaintiff), the current owner of the northern half, from Schultz (defendant), the current owner of the southern half. Schultz argued North Creek was the only creek in 1910 and that it later split into two through avulsion; Powell argued the split happened before 1910, making the deed's reference to "the Creek" ambiguous between the two channels even at the time of conveyance. The trial court resolved the boundary as South Creek, reasoning that a South Creek line divided the original lot closer to evenly between the parties than a North Creek line would.