brown versus dann and other duplicity in plead can only be take advantage of  by special demurrer if the outerdoor of a house be open one may break a  innerdoor to distrain trespass for break and enter plaintiff cellar and take  and carry away six butt of beer and for withhold the possession for fourteen  day defendant justify videlicet the say Dann in his own right and the say  other defendant as his servant and Dann plead that the say cellar be parcel of  a message whereof he be seize in his demesne as of freehold for the term of  his life and that he demise say message to one Thomas key at will at the rend  of pound S per and by virtue whereof he enter and be so possess pound S become  due and in arrear for rend and therefore he enter into the say cellar with the  assent of the say Thomas key the lessee in order to distrain for say arrear  and do then and there take say six butt then be in say cellar in the name of a  distress for say rend and impound say distress in say cellar and continue the  same there until afterward be a again enter into say cellar as his proper  freehold and then deliver say six butt to the plaintiff upon replevin thereof  grant to he and so withhold the possession for fourteen day as be the proper  cellar of the say Dann case tempt Hardwicke plaintiff reply as to the break  and enter the cellar and take the six butt that the say six butt be in the say  cellar in the possession of the say plaintiff lock up there and be so lock up  in say cellar the say defendant in the nighttime break and enter into the say  cellar in which c so lock up as aforesaid and then in the possession of say  plaintiff and then and there take the say butt by colour of distress and  impound they in say cellar and continue the same till afterward they again  enter and this he be ready to verify and as to the withhold the possession of  say cellar be reply that say Thomas key have and case tempt Hardwicke er p  continue possession thereof from ladyday to ladyday and on the last mention  feast say Thomas key pay to say Dann a year rend which he accept defendant  rejoin as to break and enter the cellar and take the beer that on say d of  April in the daytime into the say cellar then be parcel of say message through  the say message the door of the say message and also the door of the say  cellar then be open they enter in order to distrain c and then and there in  the daytime take say beer then be in say cellar c and traverse the enter and  take in the night with a parat verify and as to the replication as to withhold  the possession protest that Thomas key do not pay say rend as above allege  they demurrer and show for cause that the plaintiff have make several  replication to their one plea and justification plaintiff by surrejoinder  demurrer general to the first part of the rejoinder and join in demurrer as to  the last and on both these demurrer the court be opinion for the defendant for  on the plaintiff demurrer to the rejoinder it be against he because he can  take advantage of duplicity which be the objection make to it without have  show it for cause of demurrer which be not do here and Lord Hardwicke be of  that opinion even if it be not double and he say that if the outer door of a  house be open one may break a inner door to take a distress and so one may  upon a execution and on the defendant S demurrer to the replication it be  likewise against he plaintiff for the replication be double in allege the  distress to be in the night and that key continue the possession by payment of  rend judgement for the defendant as to the first point see r m S king b m S c  p I salk will sand b n Doctr Plac Bac Abr title plea king Com dig pleader e  Bos pull city on plead see also I vent as to the second point this case be  cite I Selw n p title distress n see the statute geo two c S