Burkett

— The plaintiff brought this action against the defendant to recover the sum of twenty-five thousand dollars damages, caused by certain false and malicious statements alleged to have been made by him concerning certain property of the plaintiff. The defendant demurred to the complaint upon the grounds of insufficiency and uncertainty; and from a judgment entered upon an order sustaining the demurrer, the plaintiff has appealed.

Although the term “slander” is more appropriate to *537 the defamation of the character of an individual, yet the term “ slander of title ” has by use become a recognized phrase of the law, and an action therefor is permitted against one who falsely and maliciously disparages the title of another to property, whether real or personal, and thereby causes him some special pecuniary loss or damage. In order to maintain the action, it is necessary to establish that the words spoken were false, and were maliciously spoken by the defendant, and also that the plaintiff has sustained some special pecuniary damage as the direct and natural result of their having been so spoken. As words spoken of property are not in themselves actionable, it is necessary to allege…