Allison v. Maroun

O’NIELL, Chief Justice.

The question in this case is whether an owner of a mineral lease may maintain an action for slander of title without having possession of the leased premises, but basing his right of action upon the possession held by the lessor.

The plaintiff has a mineral lease on 40 acres of land which his lessors possess as owners. He has never exercised any right of possession as lessee. He avers that the defendants are slandering his title to the lease by claiming that they own the land. The defendants filed exceptions of no cause or right of action and of nonjoinder of the lessors…