Joseph H. Proctor, as Administrator, C/t/a of the Estate of Pinkie Sutton, Deceased v. J. C. Gissendaner

FAY, Circuit Judge:

This appeal arises from a slander of title action in which the jury awarded a $40,000 1 verdict to the plaintiff, as administrator cum testamento annexo of the estate of Pinkie Sutton. Jurisdiction is premised upon diversity of citizenship.

Pinkie Sutton, deceased, contacted an individual named William Bell in the early part of 1968 in order to have home improvements performed on her place of residence. As evidence of the contractual undertaking of Sutton, Bell allegedly obtained an executed “Work Contract” 2 specifying that 84 monthly payments of $48.19 were to be received…