Austin v. Hallstrom

The plaintiffs' writ states that this is “An Action of Trespass on the Freehold-Quare Clausum Fregit, vi et armis.” The defendant’s answer is a general denial and justification. During the trial the plaintiffs moved to amend their action by making Helen M. Austin a party plaintiff. The plaintiffs also moved that the defendant be required to elect upon which of his inconsistent defenses he was going to rely. The case is here on the plaintiffs’ exceptions to the denial of both motions.

The plaintiffs base their title to the property concerned on a warranty deed to them from Helen M. Austin which…