carey versus hinton mich Geo two b r trespass quare enclosed space to break in  pieces replication by the plaintiff that the locus in quo be his estate of  inheritance not sufficient to maintain the action trespass quare clasum to  break in pieces defendant as to the force and arm plead not guilty and as to  the rest of the trespass he justice and say that the locus in quo c be his own  proper land and that he enter into they as such plaintiff reptile that locus  in quo be his estate of inheritance and his own proper land and so W Kelynge  conclude to the country Mr king move in arrest of judgement because though  issue be immaterial the replication be that the locus c be the estate of  inheritance of the plaintiff but that be not sufficient to entitle he to this  action the plaintiff may have a estate of inheritance in the land he may have  a remainder or reversion in he but to entitle he to this action he must have a  possessory property Mr d wear down the issue be not immaterial but unformal  which be aid by the statute of Jeofails as Rep Nicholls case Bulst more side  you c I if this issue shall be aid by the verdict it will overturn all  certainty in plead the replication be that this be the estate of inheritance  of the plaintiff which may be true and yet the plaintiff not entitle to this  action he may have the reversion or remainder in he which be not such a estate  as will support this action the replication indeed do go something further and  aver these to be the proper land of the plaintiff but that import no more than  a property in land not a possessionary property to entitle he to this action  but may be a property in remainder or reversion p j the issue be immaterial he  have not plead it as his freehold and inheritance but that the locus in quo c  be his estate of inheritance he ought to have plead book property but that can  be supply and aid by verdict l I book property mean a right oh entry and may  be give in evidence upon not guilty if the word in the replication will amount  to the same construction as book property there be no question but it have be  good but the word import no more than a property in the land which may be in  reversion but do not go so far as to show possession or right of entry in the  plaintiff p I dissentient Adjournatur