Saturday, January 4, 2014

Asotin County Port District v. Clarkston Community Corp. case brief

Asotin County Port District v. Clarkston Community Corp. case brief summary
2 Wash. App. 1007 (1970)

CASE SYNOPSIS
Plaintiff county port district sought review of the judgment from the Superior Court for Asotin County (Washington), which held in favor of defendant property owner in an action to quiet title to certain portions of land and reform a deed.

CASE FACTS
The county port district filed an action against the property owner to quiet title to certain portions of land and reform a deed given by the property owner's predecessor in interest to the county port district's predecessor. The superior court held in favor of the property owner. On appeal, the county port district alleged that the superior court's findings of fact and conclusions of law were not supported by the evidence.

DISCUSSION

  • The court affirmed the holding in favor of the property owner and held that a prior tax-foreclosure action by the county port district's predecessor, which was based upon a defective description, could not serve as notice to the property owner of the county port district's interest and was void. 
  • A description, which designated the land conveyed as a portion of a larger tract without identifying the particular part conveyed, was fatally defective. 
  • Further, the county port district failed to sustain its burden of proof in the action for reformation of the deed.

CONCLUSION
The court affirmed the superior court's holding in favor of the property owner in an action to quiet title to land and reform a deed.

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