case lord KINGSTON Plaintiff William BABBINGTON Defendant in error that  January in Ireland mountain be deem a distinct species of land as well as  meadow pasture or bog and therefore a ejectment will lie in Ireland for so  many acre of mountain viner vol p note to can the Lord Kingston bring his  ejectment against the defendant in the name of James Holborn for the recovery  of certain land in Ireland and inter alian of acre of mountain brown and on  the trial a challenge be make by the defendant to the array of the pannel  because the sheriff do not return a knight as by the law of Ireland he ought  to do in all case where a peer of that kingdom be plaintiff to this challenge  the nominal plaintiff demurrer insist that the Lord Kingston be not plaintiff  in the cause but on argue this demurrer the judge overrule the challenge and  affirm the array whereupon the trial go on and a verdict be give against the  defendant to reverse this judgement the defendant bring a writ of error in the  exchequer Chamber of Ireland where the judgement be reverse because a knight  be not name in the pannel of the jury and because a ejectment do not lie for  mountain land whereupon the plaintiff bring a writ of error in parliament for  reverse this judgement of reversal insist t reeve r Raymond that it appear by  the record that a peer of the realm be not plaintiff or defendant in the cause  and therefore it be not necessary that a knight shall be name in the pannel  nor can the sheriff know by the writ of venire which be his authority for  impaneling the jury that a peer be lessor of the plaintiff or any way concern  in interest and that in Ireland mountain be deem a distinct species of land as  well as meadow pasture or bog for which reason the court of king bench in  England have late on great consideration adjudge that a ejectment do lie in  Ireland for so many acre of mountain for the defendant it be urge e Northey t  Lutwyche that the judgement of reversal be well give because it be a know rule  of law that in every action bring by or against a peer there must be a knight  return on the jury and that the challenge in such case for want of a knight  have be often know to prevail whether make by the peer or by any party to the  suit but after hear counsel on this writ of error and the opinion of the judge  present in relation to some point of law to they propose have be deliver it be  order and adjudge that the judgement of reversal give in the exchequer Chamber  shall be reverse and the former judgement affirm jour vol p brown er p