case burnet against hold executor of Greenhill if a defendant die between the  verdict and the day in bank leave a creditor his executor such executor can  set off his debt in a to know facias on the judgement S C keb S C lev S C ray  ante salk Mod vent term Rep term Rep there be two point in this case first if  the defendant die after the day of nisi prius and before the day in bank  whether the judgement shall be say to be give in the life of the defendant  second admit that it shall yet whether the executor shall have the advantage  take from he of retain to satisfy his own debt to the first it be say that the  Act of parliament car c only take away a writ of error in such case but there  be no day in bank to plead a see the statute of will c S ante page case in  notorious facts by which the death of either of the party between the  interlocutory and final judgement shall not abate the suit or be allege for  error a it be order to stand in the paper and after argument it be adjudge for  the plaintiff meller v staple modern er report date case meller against staple  easter term car roll a prescription by a corporation for common sans number in  gross be good upon demurrer without say levant and couchant S C lev S C Jo S c  sand S c keb S C show post style lev lev side side Lutw show vent Mod Mod ld  ray ld ray Bl Com the corporation of the town of Derby prescribe to have  common without number in gross sander I conceive it may be by prescription  what a man may grant may be prescribe for   light be express Kelynge chief  justice in a forest the king may grant common for sheep but you can prescribe  for it and if you may prescribe for common without number in gross then you  may drive all the cattle in a fair to the common modern sander but the  prescription be for their own cattle only Twisden justice if you prescribe for  common without number appurtenant to the land you can put in no more cattle  than what be proportionate to your land for the law stint you in that case to  a reasonable number a see Hobson v Todd term Rep a but if you prescribe for  modern er p common without number in gross what be it that set any bind in  that case there be a case in Glynns time of Hasselden v Stoneby where  Masselden prescribe for common without number without say levant el couchant  and that be after a verdict be hold good but if it have be upon a demurrer it  will have be otherwise Livesay say he be agent for he in the case