case Higham against reynolds Michaelmas term pound Elizabeth roll in trespass  for break a house the defendant may plead to all the trespass prter three post  not guilty and justify for the three post and if he say it be the freehold of  a who demise c he need not aver that a be alive but if he plead it be the  freehold of a at such a time and traverse the time before but not after it  will he have post     salk term Rep trespass for enter and break his house and  cuttin six post of it may Elizabeth the defendant plead that as to the break  of the house and all the trespass except the cut of the three post of the  house not guilty and as to the cut of the say three post he say that upon the  say first of may Elizabeth twas the freehold of one Anthony may and he by his  command enter and cut the pay post which be the same trespass c without hoc  that he be guilty of any trespass before the say seven and twenty year c but  do not traverse the time after c and upon this plea it be demurrer and it be  argue by Brecknam of the one part and by Altham of the other part and first  exception be take for that the defendant plead as to all the house not guilty  and after justify as to the three post and so plead not guilty to one thing  and justify for the same thing which be no good plead as Henry pl the second  exception and cause of the demurrer principal be for that he say it be the  freehold of Anthony may and justify by his command Elizabeth which be a year  before the trespass suppose and traverse the time before Elizabeth but say  nothing to the time after Eliz and rely upon Edward and other book that he  ought to traverse the time after as well as the time before three exception  that he say it be the freehold of Anthony may and do not aver his life but  that exception be overrule that it shall he intend he have the fee when he  plead general it be his freehold Altham answer as to the two other exception  and say as to the first that although the defendant plead not guilty general  to the whole house yet he may after justify as to parcel for he have plead not  guilty to all except this special parcel and so S croak Elizabeth Henry and as  to the second exception he say the plea be good although he do not traverse  the time after for when he plead his freehold r the freehold of another it  shall he intend so to continue except the contrary he show and therefore need  not traverse the time after and so be Edward pl and to this opinion the court  incline but they will advice of it but afterward it be adjudge for the  plaintiff