case heswick against cunden Hilary term Elizabeth roll if a dam he make in a  river so as to occasion a overflow of water upon the adjoin land the tort be  not extinguish by the sale of the land and the purchaser may maintain a action  on the case for the continue nuisance for every continuance be a fresh  nuisance ante post more Ro Rep f n b     light Leon   dyer yely Noy ld raym  salk action upon the case for that the defendant levy a dam in such a river  such a day whereby it surround the land of I S who afterward feoff the  plaintiff thereof and that the defendant thus far wicked cuslodivil the say  dam whereby the plaintiff land be surround upon this declaration it be  demurrer in law Pelham the action be not maintainable in regard the plaintiff  have not any thing croak Elizabeth er p in the land at the time of the  nuisance erect and there be not any new thing do to his injury and in proof  thereof cite assize Henry pl Edward assize but the case in pound Elizabeth  dyer be good law for there the lady brown make a new nuisance by every turn of  the cock for which she be punishable although she make it not at the first but  here the land be surround by the lev ing of the dam and continue surround so  the first Dusance continue till this present and therefore the feoff shall not  have his action foster contra the action be not bring for the levy of the dam  but for the continue thereof from such a day to such which be after the  plaintiff purchase and Fitzherbert n Br that the heir of the feoff shall have  it against the feoff of he who levy it and in pasch Elizabeth it be adjudge in  this court in Rolfs case where one erect a house so near to another that the  rain descend from the new house c and the heir bring a action upon the case  for the nuisance make by building the house in his father time and recover by  judgement gawdy justice the action be well bring for continue of the first  nuisance but not for the levy thereof and therefore the action be well bring  for the keep it up in his time and not for the levy thereof Popham there will  he a difference when there be not any profit remain unto he to who the  nuisance be levy then it be clear that none shall have the action but he to  who it be croak Elizabeth do as if I have potwater run from my river to my  home and t S stop it in his land before it come to my land and I die or make a  feoff over my heir or feoff have not any remedy for this tort make before  their time but where any profit remain which come to the heir or feoff after  the nuisance do there for so much of the profit as be come unto they and be  take from they by the continue of the nuisance they shall have their action  then here by the levy of the dam the inheritance of he to who it be levy be  not take away but although his land he surround some profit remain unto he  which he have convey to the feoff which be take from he by the continuance of  the nuisance it be reason that the feoff shall have his action and therefore  if one levy a bank in a river whereby part of my land be surround and  afterward I make a feoff of my land to I S and afterward another part be  surround by reason of that bank he shall have a assize of nuisance quod to be  concession so here for that the land of the feoff grow a evil ad badly de die  in diem by reason of the inundation make by this dam it be reason the feoff  shall have his action the same law be for a non feasance videlicet for not  repair of a bank where c Clench and Fenner contra because the tort before make  be extinguish by the feoff and there be not a thing do since the feoff which  the feoff can punish wherefore c but afterward in mich pound Elizabeth be move  again all the justice agree that the action be well bring wherefore it be  adjudge accord for the plaintiff a