Edwards v. Burris

Citations

• 60 Cal. 157
• 1882 Cal. LEXIS 422

Syllabus

<p>Slander oe Title—Complaint—Pleading—Redemption oe Land.—In an action for slander of title the complaint in effect alleged “that during the entire year of 1878, up to October 26, plaintiff was the owner in fee as her separate property ” of a tract of land in Sonoma County; that on October 26, 1878, the Sonoma Valley Bank caused the said land to be sold, under a decree of foreclosure of mortgage thereon ; that at the sale the defendant became the purchaser of the land for seven thousand six hundred and sixty dollars; “and the plaintiff had the period of six months, from October 26, 1878, in which to redeem from the sale;” that for the purpose of redemption, she entered into negotiations with one Otto Schetter and others for the sale of said land; and Schetter had agreed to purchase the same from her, and pay her therefor ten thousand dollars, but he was dissuaded and prevented from completing the purchase by the defendant, on December 10, 1878, maliciously and without probable cause, speaking in the presence and hearing of the said Otto Schetter and others, the following words concerning the said property and the plaintiff, (here follow the words complained of); that these words were “false and made with the intent to prevent any sale of the property by the plaintiff, or any sale of her right to redeem,” 'per quod the plaintiff was damaged nine thousand dollars for which she asked judgment with costs.</p> <p>Hdd : The complaint shows affirmatively that the plaintiff was owner in fee of the land only until October 26, 1878, when the defendant acquired title to it as purchaser at the foreclosure sale ; and that the alleged slander of title was published December 10, 1878, at which time it follows that the plaintiff was not the owner. The averment that she was entitled to redeem the mortgaged premises within six months after the sale to the defendant, is a mere conclusion of law unsustained by any affirmative averment of fact. To entitle the plaintiff to the status of