Keilbach v. McCullough

Dorothea McCullough (plaintiff) bought 120 acres from Charles Keilbach (defendant), who provided a warranty deed obligating him to defend her title against all lawful claims. Years later, a neighboring landowner, Sid Martin, claimed adverse possession over a 7-acre portion of McCullough's property. McCullough herself sued Martin to quiet title and won, successfully proving the 7 acres were hers. She then sued Keilbach, arguing he breached the warranty deed by failing to defend her title himself, since she had to defend it on her own. The trial court agreed and ruled for McCullough; Keilbach appealed, arguing he could not have breached the warranty because McCullough's own defense of the title had succeeded.