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Sanders v. Brown

Non-privileged writings and statements authorized the jury to find that plaintiff's brother falsely and maliciously impugned plaintiff's title to 38.6 acres of land.

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James D. Sanders, plaintiff and defendant-in-counterclaim, appeals from the judgment entered against him on the jury verdict finding for the defendant, Laura Sanders Brown, his sister, on his complaint, on her counter-claim for slander of title in the amount of $8,068.88, and on her claim for attorneys’ fees and expenses of litigation in the amount of $37,794.20, and from the denial of his motion for new trial. Finding no merit to the appeal, we affirm.

In 1938, Sanders contended that Mrs. Effie Furr gave a bond for title for 50 acres to him; however, no bond for title was recorded or introduced in evidence. On October 31, 1942, Mrs. Furr conveyed by deed the 50 acres to Brown, reciting that the bond for title to Brown and Sanders was transferred and assigned to Brown; the Furr deed was never marked recorded. However, this deed appears as recorded on October 31, 1942, in Deed Book 149, page 402, Cobb County Records. On October 9, 1943, Brown deeded to Sanders 10 acres of the Furr property in a sale, showing $1.10 in revenue stamps and reciting a purchase price of $1,000. In April of 1962, Brown conveyed by sale an additional piece of the Furr property to Sanders. In March of 2000, Brown contracted to sell 12.5 acres of the Furr property contingent upon rezoning the land commercial; on November 21, 2000, the rezoning was granted. Subsequently, Brown and her purchaser entered into a contract for 4 acres of the original 12.5 acres; neither contract closed, because of Sanders’ claims.

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