Zurich General Accident & Liability Insurance v. Klein

Opinion by

Ervin, J.,

This action in equity involves the application of the doctrines of “unjust enrichment” and “restitution.”

The lower court found, upon ample evidence, that the defendants, appellants, sold certain real estate to a purchaser under general warranty deed, warranting that the property was free and clear of any incumbrances. The attorney who searched the title for the purchaser failed to discover the liens of certain unpaid taxes against the property for years prior to the date of purchase. Subsequently the purchaser, who was threatened with a tax sale, paid the delinquent taxes…