case baker and only his wife against BREREMAN easter term car roll see  lockwood v wood Q b mercer v den Ch Ch in a action for stop a way the  plaintiff must prescribe in he who have the inheritance for a allegation that  all occupier of a certain close ought to have a way for they and their servant  c be not sufficient but inhabitant may prescribe for a easement c in the soil  of another ante Jones lev   light b   cro James Leon     godb fort burr Com  dig term Rep in a action for stop a way to the wife close previous to the  marriage the husband ought to join post cro Elizabeth Com dig see SC cite Mod  Bulst say vide ld ray stram stram Mod dougl term Rep action on the case  whereas the wife before marriage be possess of a lease for year of a close in  saint Martin in which close a stable be former erect and now a house there  build and that the defendant be occupier of another close call the yard in the  say parish of saint Martin near adjoin to the plaintiff close and that within  the say parish there be and time whereof c be a custom that all the occupier  of such croak car a close of the plaintiff from time whereof the memory of man  be not to the contrary to have et to have to become used for they and their  servant quandan way tam pedestrian how seats at all time of the year for all  cart and carriage from the say close of the plaintiff in well ultra the close  call the yard ad well in a place usual call the leystall in saint Martin  aforesaid et such back from the say place call the leystall et in ultra the  say close call the yard usque ad the close of the plaintiff and the say only  his wife so be possess and have the occupation of the say close that the  defendant to binder her of her way and total to exclude her such a day and  year erect a building upon the close call the yard ex transvers way prediction  that she may not have nor use the say way and that afterward she marry the  plaintiff baker and that they after the marriage can not use the say way to  their damage of forty pound the defendant plead not guilty and find against he  Hutchings now move in arrest of judgement first that such a custom within a  parish allege for a occupier of such a close to have a way c be not good but  be ought to prescribe in he who have the inheritance and that a custom in a  parish can be well apply to a close in the parish and all the court be of that  opinion Elizabeth dyer   b roll allege that be can otherwise prescribe because  one man be once owner of the inheritance of both close and unity may not  destroy the way but that it be revive by the disseverance as Edward pl it be  answer thereto that it ought to have be so special show which do not appear  here and peradventure it will not serve in case of a way but in case of  necessity as a watercourse betwixt two house or peradventure enclosure or such  thing which be of necessity there be may so prescribe and the party ought to  except they in his conveyance vide Henry pl and all the justice hold that  inhabitant may allege prescription for a way to a church or market which be of  necessity and in matter of discharge as in modus kill or to be quit of toll  but not in matter of profit or charge in another soil as gateway case a Edward  pl for fisherman to dry their net for the public benefit or for easement as  Edward pl Edward pl b a cro James cro Elizabeth roll ab show lev lev lev hob    light b Carth b   croak car er p the second exception be because the wife join  with the husband in the action for the stop during the coverture which ought  not to be say non allocatur because the wrong be do to the wife and the  husband have it in right of his wife but for the first exception it be adjudge  for the defendant