Bradburn versus KENNERDALE mich James rot Carthew Mod error of a judgement in  the county palatine of Chester in replevin bring for the take a cow in a place  call shippen the defendant make conusance as bailiff to sir Peter Warburton  for that be sir Peter tempore quo c be seize of the manor of asley of which  the place where c be and time out of mind be parcel in his demesne as of fee c  and that he the defendant as bailiff c take the cow c damagefeasant the  plaintiff reply in bar to the conusance that bene yes be that sir Peter  Warburton tempore quo c be seize of the manor of asley aforesaid in of his ut  de fee send day ante predict time quo c sir George Warburton be seize in fee  of the say manor who heir the say sir Peter Warburton be and of a message  adtunc parcel the same manor of which message the place where c tunc adbue be  parcel and be so seize the say sir George before the take the say cow  videlicet on such a day make a lease of the say message unde c to one t S for  three life and that afterward t S die and t b enter and be seize as occupant  and make a lease for one year unto the plaintiff c per quod c holt KB er p to  this replication there be a demurrer in this form sacred scripture quod  placitum proad superius to fold back placitata minus sufficient c and conclude  unde petit judgment financial loss svan c but do not pray any return and  judgement be there give for the avowant and that he shall have a return c and  that for a fault in the bar which be the want of a traverse it be adjudge that  the bar be ill for want of a traverse that the place where be parcel of the  manor tempore a deceiving for though the reversion of the locus in quo remain  parcel of the manor after the demise for three life yet the place it self and  the freehold be sever holt KB by the demise and not parcel of the manor  tempore quo c it be hold that the default of a necessary traverse be substance  and not aid by a general demurrer likewise if a traverse be short of the  matter traversable this be substance but where a traverse be mere surplusage  and not necessary that be mere form and aid upon a general demurrer holt c j  hold the titleUDder the occupant be good for the statute car cap do not take  away all occupancy but transfer it to executor and he hold that b the lessor  of the plaintiff be executor de son tort by his entry on the land because the  aforesaid statute make it asset the judgement be affirm