Long v. Rucker
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. All authorities agree that in order to entitle the plaintiff to recover in an action for slander of title he must show, first, the publication of slanderous statements by defendant, second, title in plaintiff and consequently that the statements were false, third, that the statements were uttered maliciously, and fourth, that special damage resulted to plaintiff. Linville v. Rhoades, 73. Mo.
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Appeal from Boone Circuit Court. — Hon. D. H. Harris, Judge. All authorities agree that in order to entitle the plaintiff to recover in an action for slander of title he must show, first, the publication of slanderous statements by defendant, second, title in plaintiff and consequently that the statements were false, third, that the statements were uttered maliciously, and fourth, that special damage resulted to plaintiff. Linville v. Rhoades, 73. Mo. App. 217; Butts v. Long, 94 Mo. App. 691; Butts v. Long, 106 Mo. App. 313. The statements of defendant, W. H. Rucker, were slanderous and…
1Opinion of the CourtJohnson, J.
— This is an action for slander of title to real estate. At the close of plaintiff’s evidence the court gave a peremptory instruction to the jury to return a verdict for defendants, whereupon plaintiff took an involuntary nonsuit with leave and in due course of procedure brought the case here by appeal.
The evidence of plaintiff discloses the following state of facts: The defendants "W. H. Rucker and Fannie H. Rucker are husband and wife. Mrs. Rucker is the owner of a business house in Columbia and her *575husband was her agent in. the transaction of business relating to the property. In April,…
2Cases cited7 opinions
- Hopkins v. DrowneSupreme Court of Rhode Island · 1898
- Harrison v. HoweMichigan Supreme Court · 1896
- Butts v. LongMissouri Court of Appeals · 1902
- Like v. McKinstryNew York Supreme Court · 1863
- Tarlotting v. BokernSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Marvin Mueller v. James Abdnor, Administrator, Small Business AdministrationCourt of Appeals for the Eighth Circuit · 1992
- Euge v. GoldenMissouri Court of Appeals · 1977
- Tongay v. Franklin County Mercantile BankMissouri Court of Appeals · 1987
- Brooks v. PattersonCourt of Appeals of Kentucky (pre-1976) · 1930
- Cawrse v. Signal Oil Co.Oregon Supreme Court · 1940
7 more not listed; retrieve them via the Exa API.