Huston v. Swanstrom

The plaintiffs by their complaint sought to have certain real estate owned by them and the defendant Mary E, Swanstrom, as tenants in common, sold under a decree of the court and the proceeds of the sale distributed to them in proportion to their respective interests.. The defendant in her answer set up, in addition to a general denial, two affirmative defenses: (1) -That, if a forced sale of the premises was presently made, under present market conditions, it would he wholly destructive of the interests of both parties, particularly those of the defendant; and that plaintiffs had wil-fully…