case TREGMIELL and his wife against reeve if a man covenant to stand seize to  the use of his son save that his wife shall have the shroud and Toppings of  the tree a action on the case will lie against the son for cut down the tree  Jones more cro James   Mod shower salk Mod corn dig Com dig on a action for  waste where all the Toppings be the property of the plaintiff the quantity cut  need not be show a action for cut five oak grow on a hundred acre in a action  on the case for cut down tree the lop of which be reserve to the wife for life  the husband may sue alone ante post cro James vent cro Elizabeth Jones Com dig  stram action on the case and declare that sir John reeve be seize in fee of a  farm and of a hundred acre of land thereto appertain and by indenture covenant  to stand seize to the use of himself and wife for their life for a jointure  for his say wife and after to his son and heir except the timber tree save  that his say wife shall have and take the shroud and Toppings of they and that  the say sir John reeve die and she survive and take to husband the plaintiff  and that the defendant as heir to sir John reeve cut down five oak grow upon  the say hundred acre whereby the plaintiff lose all the benefit which he may  have have of the shroud and Toppings of the say tree the defendant plead not  guilty and the verdict be give against he hide take diverse exception in  arrest of judgement first that the except the tree after the limitation of the  use be void and then they remain parcel of the freehold he may have have  trespass but he can not have this action on the case for as a exception after  the estate limit be void so after a use settle a exception can be of the tree  say non allocatur for a exception may well be to show his intent that they  shall not be annex to the estate for life second the declaration be not good  because he do not show that he have not leave sufficient tree to have the lop  as in the case of estovers the owner of the wood may cut down the wood leave  sufficient for estovers Sed non allocatur for here all the Toppings of all the  tree be reserve to the wife all which croak car she may cut down and sell at  her pleasure so it be a wrong to her to cut down any three because it be  suppose that the defendant cut down five oak grow upon a hundred acre of land  which be not possible that five oak shall grow upon a hundred acre say non  allocatur for it be to be intend that they grow upon some part of the farm  fourthly because the action be bring by the husband and wife where the husband  alone shall have bring the action for he only may have release the damage and  the wrong be to his possession say non allocatur for the husband have the land  in right of his wife he may well join her with he in sue for the damage and  she shall have the damage and the action also if she survive her husband  wherefore judgement be give for the plaintiff