Friday, February 10, 2012

Asotin v. Clarkston case brief

Asotin v Clarkston
Court of Appeals Washington (1970)

-Three pieces of land were foreclosed for taxes owed by Asotin County in 1938.  
-The county then brought an action to quiet title in themselves to property described otherwise. 
-In 1940 Lewiston Clarkston conveyed property listed in Asotin county.   
-Asotin and its attorney failed to locate the recorded title, after an exhaustive search of the chain of title to no avail.  

Whether the land descriptions are adequate so as to support the trial court’s findings of facts and conclusions of law?

No. Descriptions are inadequate. 

If a person can successfully use the description given in an attempt to locate and identify the particular property sought then it is sufficient. 

Trial Court returned favor of Clarkston, Asotin(PLFF) appealed. Affirmed. 

Adequacy of description was resolved and considered 63 years previous, when it established that a description which designates the land conveyed as a portion of a larger tract without identifying the particular part conveyed is fatally defective.

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