Austin v. Hall

Headnote

Where several plaintifi's must joiu in bringing a personal action, a release by one joint plaintiff is a bar to the action, So, in an action by tenants in common for a trespass on land, of -which they are.the coheirs, a release by one of the plaintiffs 5s a bar to the actiOD.

Tenants in common must join in an action of trespass quart claw* ■sumfregit

THIS was an action of trespass, quare clausum fregit, against the defendant and one Ely, for entering upon the lands of the plaintifi's, expelling them from thence, and taking the issues and profits.

The defendant pleaded not guilty, and liberum tenementum ; and the plaintiffs new assigned the locus in quo on which the trespass was alleged to have been committed. To the new assignment, the defendant pleaded, 1. Not guilty ; 2. A release, under seal, from Edward Austin, one of the plaintiffs, in consideration of the sum of six cents, of all actions, and causes of action, and'

demands, which the said Edward Austin, or which he and any other person, had against the defendant and Ely; (except his share of his father’s personal property, to whom the defendant was administrator;) and, particularly, all demands on account of any trespasses done by the defendant to any real property owned or claimed by the said Edward Austin, and the other heirs of his deceased father; and, also, the suit lately commenced against the defendant and Ely by the said Edward Austin and his coheirs. And the defendant averred, that the real property mentioned in the release vras the same as that described in the new assignment of the plaintiff; that the said Edward Austin, and the other heirs of his deceased father, were the plaintiffs in this suit; and that the suit mentioned in the release and the present action were the same. 3. A release, in like manner, from Joseph Austin, another of the plaintiffs. To the second and third pleas there was a general demurrer and joinder in demurrer.