Butts v. Long
Missouri Court of Appeals
Appeal from Laclede Circuit Court. — Hon. L. B. ■ Woodside, Judge. This action belongs tó a class ’sometimes denominated by law text-writers as “Slander of Title of Real Estate;” and in actions of -this kind the legal right of plaintiff to recover involves his ability to- demonstrate three propositions: First: The words spoken must be false. ' Second. The words must be maliciously published. Third. They must result in pecuniary loss or injury to the plaintiff.
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Appeal from Laclede Circuit Court. — Hon. L. B. ■ Woodside, Judge. This action belongs tó a class ’sometimes denominated by law text-writers as “Slander of Title of Real Estate;” and in actions of -this kind the legal right of plaintiff to recover involves his ability to- demonstrate three propositions: First: The words spoken must be false. ' Second. The words must be maliciously published. Third. They must result in pecuniary loss or injury to the plaintiff. Butts v. Long, 94 Mo. App. 691. STATEMENT. This action belongs to a class o.f actions scant of number in this country, denominated…
1Opinion of the CourtReyburn, J.
(after stating the facts). — As announced by this court upon the first appearance of this case, three elements must coexist to maintain such action, namely; the words spoken must be false, they must be maliciously published or uttered, and they must result in pecuniary loss or injury to the plaintiff. A careful scrutiny evinces the absence of these essential prerequisites to recovery in the testimony introduced by plaintiff. The law has been laid down by an eminent authority, on this subject, that it is not actionable for any man to assert his own rights at any time, and though defendant may…
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- Tongay v. Franklin County Mercantile BankMissouri Court of Appeals · 1987
- Long v. RuckerMissouri Court of Appeals · 1912
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