Selby v. Taylor

MARTIN (Harry C.), Judge.

Plaintiff’s Appeal

The court, in allowing defendants’ Rule 12(b)(6) motion for dismissal, ruled that plaintiff’s complaint did not state a cause of action. We disagree. The complaint sufficiently alleges a cause of action for slander of title.

The nature of the action for slander of title is peculiar, being based upon a defamatory attack upon property. It has little in common with the ordinary action for slander. Its gist is the special pecuniary loss sustained by reason of malicious utterances or publications by the slanderer. Three elements are necessary for the…