Morris v. Dall

Summary

The Nebraska Supreme Court affirmed a judgment denying Jane and Steven Morris reimbursement of the attorney fees they incurred successfully defending their title against a third party's unsuccessful adverse-possession quiet-title action. The court held that the warranty deed's 'warrants and will defend' language is a legal doublet whose close synonyms carry a single meaning and created no duty to defend title separate from the covenant of warranty, and that the covenant is breached only upon eviction or surrender under a paramount title, which the Morrises never suffered. Because the covenant was not breached, successor trustee Karen E. Dall could not be held individually liable.