Ebersole v. Fields
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by C. D. Ebersole against A. E. Fields for slander of title. Judgment for defendant on demurrer, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by C. D. Ebersole against A. E. Fields for slander of title. Judgment for defendant on demurrer, and plaintiff appeals. The first count declares the plaintiff to be the owner of a fee-simple estate in the lands hereinafter described, subject to a mortgage, and claims $5,000 damages for falsely and maliciously impugning plaintiff’s title to said property, in publishing of or concerning said property in a paper, to wit, a letter published at Birmingham by the defendant, with the intent to defame plaintiff’s title, which…
1Opinion of the CourtMcCLELLAN, J.
Action for “slander of title to rea L estate.”
Referring to our early case of Hill v. Ward,, 13 Ala. 310, it was said in Griffin v. Isbell, 17 Ala. 186: “The action of slander, in all its varieties, is one of peculiar strictness in respect of the pleadings and the evidence. There is, perhaps, no other civil action which has been treated so strictly by- the courts.”
In Hill v. Ward the action was grounded upon declarations and conduct whereby a sale of personal property at auction was alleged to have been wrongfully interfered with. In the course of that opinion it was said: “Conceding that a…
2Cases cited11 opinions
- Pollard v. LyonSupreme Court of the United States · 1876
- Burkett v. GriffithCalifornia Supreme Court · 1891
- Chesebro v. PowersMichigan Supreme Court · 1889
- Gent v. LynchCourt of Appeals of Maryland · 1865
- Dothard v. SheidSupreme Court of Alabama · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
- Womack v. McDonaldSupreme Court of Alabama · 1929
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
- Harrison v. MitchellCourt of Civil Appeals of Alabama · 1980
- Prickett v. BAC Home LoansDistrict Court, N.D. Alabama · 2013
11 more not listed; retrieve them via the Exa API.