Stewart v. Fahey

JACOBSON, Presiding Judge.

We are asked in this appeal to determine whether a claim for slander of title may be based upon the filing of a lis pendens.

On February 9, 1959, plaintiff-appellant, Henry T. Stewart, acquired by patent from the United States government, title to a certain parcel of real estate. Approximately two weeks later, defendant-appellee, William G. Fahey, on February 21, 1959, filed a quiet title action against Stewart, disputing his right to obtain title to the property involved in the U. S. patent wholly in himself. At the time of filing the quiet title action, Fahey also…