McDaniel

The opinion of the Court was delivered by

This is an action brought in the District Court for the County of Solano, by William McDaniel, the present respondent, against Manuel Baca, the appellant, for slander of title to land.

The cause was tried on the 31st of October, 1851, by a jury, in the Court below. They rendered a verdict for the plaintiff of sixteen thousand seven hundred and fifty dollars.

The Court ordered judgment to be entered therefor, and for the further sums of three hundred and sixty-five dollars, and five hundred and ninety-six dollars and fifty cents costs, making in all the sum of seventeen thousand seven hundred and eleven dollars and fifty cents.

From this judgment, the defendant appealed.

The facts are briefly, as appears by the record, that McDaniel purchased a tract of land from Baca, and obtained a conveyance from him.

The deed was dated the 21st day of August, 1850, and is stated in the record to have been for a square English league of land.' The defendant for answer states that said deed was obtained from him by covin, deceit and fraud.

The slander of title consisted in the publication in a newspaper, under the signature of Manuel Baca,…