case berry against hear Hilary term James roll if a stranger cut down a  timbertree during the continuance of a term the lessor may maintain trover  against he for it and quaere if be may not at his election have trover or  waste against the lessee Jones roll ab bendl   b post more Allen Com dig peer  will term Rep   light a action of trover and conversion of a load of bark or  rind of oak upon not guilty plead a special verdict be find that this bark be  the bark of a oak be timber grow in such land whereof the plaintiff be seize  in fee and have let the land whereupon the tree grow to I S for year and that  the defendant during the say term which yet continue enter and cut down the  say tree be a timbertree and carry away the say load of bark thereof and  convert the same to his own use and if c the sole question herein be if a  stranger cut down a timbertree in the time of lessee for year and carry that  or the bark thereof away whether the lessor during the say term may have a  action of trover for it or be put to take his remedy against the lessee by a  action of waste and the lessee to have his remedy by action of trespass or  trover against he who cut it down or whether the lessor at his election may  punish the one or the other this case be long depend and diverse argument  therein before I come to the bench and the judge differ in their opinion it be  argue after I come to the bench Jones and Whitlock say that they always be of  opinion that the action well lie for the lessor and that be have election to  sue the lessee for the waste or he who cut down the tree for the tree be  timber the general property be always in the lessor notwithstanding his lease  and the lessee for year have but a special property therein to have the shadow  and fruit thereof as long as it be grow and not otherwise and when it be sever  from the land the property which the lessee have therein be lose and then the  property thereof be only to the lessor a so as be may have a action for the  carry it away or a action of trover and conversion and that such property  which he have by the commonlaw always remain in he notwithstanding the statute  of Gloucester which give he the action of waste to punish such cut down and  they say that lee chief justice be of their opinion but that Doderidge be  always of the contrary and they say a rule be a see the case of Bewick v  Whitfield peer will   light note more   roll ab croak car er p once give that  judgement shall be for the plaintiff and they marvel it be not enter croak car  and now Richardson chief justice say he be of their opinion that the property  of the timbertree when it be cut down be no long in the lessee for his  interest be in it only during the time it be grow upon the land and that  afterward it remain only in the lessor so as be alone shall have a action of  trover for the carry it away but I be always of the contrary opinion that the  lessee sole during the term ought to have a action for the carry away of it  and not the lessor for the possession and property be vest in he during the  term andis not lose by his cut down nor by the cut down of a stranger and that  he be Chargeable in a action of waste to answer Triple damage to the lessor  and so the lessor have sufficient remedy it be reason the lessee shall have  the action against he who cut it down and carry it away to have recompense and  the recovery by the lessor in a action of trover be no bar for the lessee to  plead in a action of waste nor be it reason a recovery of single damage  against he who cut down the say timber shall be a bar in waste where he be to  recover Triple damage therefore the lessor during the term ought to have his  remedy only against the lessee and he over against he who cut down the say  tree but notwithstanding upon their three opinion it be adjudge for the  plaintiff see       dyer Edward pl Henry pl   light a