Slander Of Title in United States

Slander Of Title Definition

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, 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, Lib. & Sland. §§ 10, 59 et seq.

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Legal Issue for Attorneys

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, 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, Lib. & Sland. §§ 10, 59 et seq.

This definition of Slander Of Title is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.

Cause of Action for Slander of Title to Real Property: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Slander of Title to Real Property, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.