Slander Of Title

In torts. A statement tending to cut down the extent of title. See 60 Cal. 160. An action for slander of title is not properly an action for words spoken, or for libel written and published, but an action on the case for special damage sustained by reason of the speaking or publication of the slander of the plaintiff's Jitle. An action is permitted against one who falsely and maliciously disparages the title of another to property, whether real or personal, and thereby causes him some special pecuniary loss or damage. 90 Cal. 537. This action is ranged under that division of actions in the digests and other writers on the text law, and is so held by the courts at the present day. An action for slander of title is a sort of metaphorical expression. Slander of title may be of such a nature as to fall within the scope of ordinary slander. Slander of title ordinarily means a statement tending to cut dovm. the extent of title, which is injurious only if it is false. It is essential, to give a cause of action, that the statement should be false. It is essential, also, that it should be malicious, ment be true, if there really be the infirmity in the title that is suggested, no action will lie, however malicious the defendant's intention might be. Heard, Lib. & Sland. §§ 10, 59 et seq.

A statement tending to cut down the extent of one’s title. “An action on the case for special damage sustained by reason of the speaking or publication of the slander of the plaintiff’s title.” 3 Bing. n. c. 371. Malice, that is, absence of good faith, is an essential condition of liability; 19 Ch. Div. 386; or actual malice, as well as special damage; Poll. Torts 294. The action formerly applied only to real property; but now extends to chattels and to property rights, such as those under patents. See Libel. An assertion of title made by way of selfdefence or as a warning to others, is not actionable, though the claim be mistaken, if made in good faith; Poll. Torts 295; L. R. 4 Q. B. 730. To say to a prospective purchaser of land, “I know one that hath two leases of his land who will not part with them at any reasonable rate,” is a slander of plaintiff’s title; Cro. Eliz. 427. An action for slander of title is not properly an action for words spoken, but an action on the case for special damage sustained by reason of the speaking or publication of the slander of the plaintiff’s title. The property may be either real or personal, and the plaintiff’s interest therein may be anything that has a market value. It makes no difference whether’ the defendant’s words be spoken, written, or printed, save as affecting the damages, which should be larger when the publication is more permanent or extensive, as by advertisement. The action is ranged under that division of actions in the digests and other writers on the text law, and is so held by the courts of the present day. The slander may be of such a nature as to fall within the scope of ordinary slander. It is essential, to give a cause of action, that the statement should be false. It is essential, also, that it should be malicious, — not malicious in the worst sense, but with intent to injure the plaintiff. If the statement be true, if there really be the infirmity in the title that Is suggested, no action will lie however malicious the defendant’s intention might be; Heard, Libel & S. §§ 10, 59; Poll. Torts 3S9. See Burkett v. Griffith, 90 Cal. 532, 27 Pac. 527, 13 L. R. A. 707, 25 Am. St. Rep. 151. chaser, lie is entitled, and in common fairness bound, to give the intended purchaser warning of his intention; and no action will lie for giving such preliminary warning, unless it can be shown either that the threat was made piala fide, only with intent fo injure the vendor, and without any purpose to follow it up by an action against the purchaser, or that the circumstances were such as to make the bringing an action altogether wrongful; L. R. 4 Q. B. 730; Odger, Libel & S. 138. The denial of a complaining party’s title made bona fide in assertion of the title (real or honestly believed to exist) of the party making such denial, will not sustain an action for slander of title; Ilarriss v. Sneeden, 101 N. C. 273, 7 S. E. 801. It is sufficient to allege and prove the ownership of land and the false claim of title by defendant which prevented the sale of the land; Dodge v. Colby, 108 N. Y. 445, 15 N. E. 703; Collins v. Whitehead, 34 Fed. 121, where it was held that on the evidence of merely filing a deed for record which prevented the sale of the land, substantial damages might be recovered; but in another case it was held that not only must the declaration allege that the words complained of were falsely and maliciously uttered, hut there must also be an expressed allegation of special damage resulting therefrom as the natural and direct consequence of the words complained of; 20 U. C. C. P. 471.

This is a statement of something tending to cat down the extent of title to some estate vested in the plaintiff. Such statement, in order to be actionable, must be false and malicious; i. e., both untrue and done on purpose to injure the plaintiff. Damage must also bave resulted from the statement. Brown. See Burkett v. Griffith, 90 Cal. 532, 27 Pac. 527, 13 L. It. A. 707, 25 Am. St. Rep. 151; Carbondale Inv. Co., v. Burdick, 07 Kan. 329, 72 Pac. 781; Butts v. Long, 94 Mo. App. 687, 68 S. W. 754.

Defined under Slander in Black's Law Dictionary.