Edmonson v. Popchoi
Annotate this CaseThis case involved a property dispute that arose after the sale of a plot of residential land pursuant to a statutory warranty deed. Specifically, the issue on appeal centered on whether a grantor's duty to defend against another's claim to title was satisfied by that grantor's independent decision to settle the claim and pay the grantee damages for the breach of warranty. Upon review, the Supreme Court held that the duty to defend requires that a grantor defend in good faith. The grantor in this case, Csaba Kiss, was ordered by a trial court to pay damages to grantees Ivan and Varvara Popchoi when the court granted summary judgment against them and awarded a portion of their land to their neighbors J.E. and Naomi Edmonson through adverse possession. Mr. Kiss did not dispute that he owed damages, but appealed whether he owed attorney fees to the Popchois to defend against the Edmonsons' claim. The Supreme Court held Mr. Kiss was liable to the Popchois for the breach of the warranty to defend and ordered to pay their attorney fees.
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