Keilbach v. McCullough
Indiana Court of Appeals
669 N.E.2d 1052 (1996)
Dorothea McCullough (plaintiff) purchased 120 acres of land from Charles Keilbach (defendant). As part of this sale transaction, Keilbach gave McCullough a warranty deed. Sid Martin owned property adjacent to the 120-acre tract. Several years later, when McCullough put the land on the market, Martin claimed adverse possession of a 7-acre portion of McCullough’s property that was adjacent to his land. To quiet title to the disputed 7 acres, McCullough sued Martin. McCullough won the case against Martin, successfully proving the 7 acres belonged to her. Then McCullough sued Keilbach for breach of the warranty deed. Pursuant to the warranty deed, Keilbach was obligated to defend McCullough’s title to the land against all lawful claims. McCullough argued that Keilbach had breached this warranty because he had not defended her title to the 7-acre tract. Rather, McCullough had defended the title herself. The trial court agreed and ruled in favor of McCullough. Keilbach appealed, arguing that he had not breached the warranty deed because McCullough’s efforts to defend the property’s title against Martin’s claim had been successful.
Rule of Law
Holding and Reasoning (Baker, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.