case basset against Maynard a grant of wood to he cut down by the assignment  of the grantor be a vest interest which may he immediate convey over by the  grantee and when the wood be cut down it can be take away by the grantor or by  any other of his grantee and if the bargain and sale he find it shall he  intend upon good consideration post roll ab   Noy more Perk lev Mod   b yely  cro James strange Bac Abr will action sur trover and conversion of certain  load of wood upon a special verdict the case be sir though palmer be seize of  a great wood and bargain and sell to one Cornford and his assign as many tree  as will make cord of wood to he take by the assignment if sir though palmer  Cornford assign over his interest to the plaintiff afterward sir Thomas palmer  grant to the defendant so much of his wood as will make cord of wood to he  take at the defendant election the plaintiff afterward by the assignment of  sir Thomas palmer cut down the tree in question to make cord and the defendant  claim they by virtue of his grant take they it be find that there be  sufficient wood leave for the defendant to take his cord el si c upon this  verdict it be move that here be not sufficient title find for the plaintiff  for first it be not find that the bargain and sale be for any sum of money nor  upon any consideration say non allocatur for it be intend to he so be find by  the verdict but if it have not be so find it may peradventure have be  otherwise as dyer be second it be allege that this grant to the plaintiff be  void for until the assignment make by sir Thomas palmer no interest vest in  Cornford himself so as he can not make any grant thereof over but all the  court hold the grant to be good for be make to he and his assign he may make a  croak Elizabeth assignee which shall enure as a nomination to one who be to  have by the appointment of sir Thomas palmer and it may well vest in he as the  interest also and here he have a interest before the assignment make by sir  Thomas palmer insomuch as if sir Thomas palmer will not assign it in  convenient time he himself may take they croak Elizabeth er p and therefore he  may assign this interest as Edward pl S but admit the grant to the plaintiff  have be void yet Popham say that the action be maintainable because by the cut  down of they he have possession and a good title against the defendant and  every stranger and be cut down it be not lawful for the defendant to take they  for if one sell cord of wood to he take at the vendees election and afterward  the grantor himself or a stranger cut down some of the wood the vendee can  take that which be cut down but he ought to make his grant good out of that  which be grow as if estovers be grant unto he to he take in a great wood and  the owner of the wood cut down some of the wood the grantee can take that  which be cut down but he must take his estovers out of the residue and if all  he cut down he have not any remedy but a action upon the case so here although  the plaintiff have not a good title yet his have possession of they be cut  down suffice quod gawdy el de ch to go away wherefore it be adjudge for the  plaintiff   b