Smith v. Stuthman

SHINN, Acting P. J.,

This is an appeal from an order dismissing an action for slander of title to real property, on the ground that such a cause of action did not survive the death of the original defendant, Myrtle E. Smith, defendant’s testate, the alleged wrongdoer. The alleged slander of title consisted of the recording of a Us pendens in an action for divorce by Myrtle E. Smith against plaintiff herein, in which the former was claiming an 'interest in the real property.

Slander of title is a tort action for redress of an invasion of a particular property right, that of immediate salability…