Home Investments Fund v. Robertson

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Home Investments Fund (hereinafter referred to as defendant) appeals from an adverse judgment in a slander of title action brought by Ray K. Rogers and Aurora National Bank (hereinafter referred to as plaintiff) in which the court awarded plaintiff damages of $6000.

The issues presented for review are whether plaintiff’s evidence supported findings of malice and special damages, elements necessary to a slander of title action.

Rogers was the sole beneficiary of a land trust holding title to certain Aurora property. On August 6, 1968,…