Jordan v. Lemaire

BURKE, P. J.

Plaintiff seeks damages from defendant and her attorneys for slander allegedly uttered during the course of a prior proceeding to quiet title to property. This appeal is from a judgment entered upon an order sustaining a general demurrer to plaintiff’s complaint without leave to amend.

Clarence H. Jordan, plaintiff here, and his wife, had brought the quiet title action against Garnet Warnke, a defendant here. Warnke cross-complained alleging both resulting and constructive trusts with respect to the property, in that Jordan, with knowledge, had acquired title from Blanche A. Dickson (a sister of Warnke) and her husband,

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who in turn were involuntary trustees for Warnke. The Dicksons were joined as cross-defendants. The judgment found the existence of the trusts, indicating Jordan was not a bona Me purchaser from Warnke’s sister and had taken title subject to Warnke's equitable interest. Jordan appealed, with which we are not here concerned. During the trial of the quiet title action a third sister, Norma Edwards, who had no interest in the property, was called as a witness, and upon direct examination by defendant’s counsel, also named as defendants here, the following testimony was elicited from her;

“Q. During that period of time did you have occasion to see Mr. Jordan?

“A. Yes, I saw him on several occasions in his office and on several occasions socially, I went on several rides with him.

“Q. You went on several rides with him ?

“A. Yes, that is right.

“Q. Were these solely in regard to the legal problems involved ?

“A. No, I wouldn’t say so. We talked some of legal problems, then afterwards —

“Q. On these occasions did Mr. Jordan give you any gifts?

“A. He bought me a pair of shoes and purse at one time.

"Q. After 1948 when did you next see Mr. Jordan ?

“A. Well, I saw him several times when we went for these rides and I had a few telephone conversations with him before my legal action was dropped. I don’t believe I saw him then for several years. ’ ’