case edward Davy against John Hawkins in the exchequer Chamber in plead  prescription if the and estate be allege by mistake to be in the plaintiff  instead of the ancestor queen if this be amendable trespass of his close break  and depasture with his cattle the defendant justify for that one William  Birchmore be seize in fee of a message and tenement in d and he croak car and  all those who estate c the say Edward Davie have in the say tenement have use  common and so mistake Edward Davie for William Birchmore and that the say  Williain Birchmore let those tenement to the defendant who put in his cattle  upon the common the plaintiff reply and traverse without hoc that the say  William Birchmore et all men that quorum position prediction Edward to have in  property c and so mistake Edward for William and thereupon issue join in the  same manner and the verdict find that the say William Birchmore et all men  that quorum position idem Edward to have non to have fortify strongly prout c  and judgement be give for the plaintiff error thereof be bring in the  exchequer Chamber and this matter assign that it be a vain prescription and  none ought to prescribe in the party in who right common be claim in he or his  ancestor c and to allege a and estate in the party be idle and repugnant and  the verdict find it be void in itself and so the judgement give thereupon be  erroneous but it be move that it be but a misprision of the clerk and the  defendant may not take advantage of his own insufficiency in his plea and pray  that it may be amend accord to the case of sir Anthony cook dyer Henry sir  John Walter chief baron Yelverton myself and other conceive it can not be  amend because it be in matter of substance in all the proceed and in the  verdict c but Hutton and other doubt thereof whereupon the defendant in croak  car er p the writ of error for his expedition and that he may proceed de to  make new move by Mr Tylor his counsel that it shall be reverse and so without  further argument it be reverse