ccclx mich Elizabeth in the common plead a action upon the case be bring for  stop of a way the plaintiff declare that the duke of Suffolk be seize of a  house in d and let the same to the plaintiff for life and that the say duke  and all those who estate c have use time out of Leonard er p mind c to have a  way over the land of the defendant to the park of d to carry and recarry wood  necessary for the say house from the say park to the same house and further  declare that the defendant obstupavit the way it be move by Carus that upon  that matter no action upon the case lie because the freehold of the house be  in the plaintiff and also the freehold of the land over which c be in the  defendant but if the plaintiff or the defendant have but a estate for year  then a action upon the case will lie and not au assize and it be not material  if the plaintiff have but a estate for year in the park quod to be concession  per totan curian it be also hold that this word obstupavit be sufficient  without any more without show any special matter of the stop as the erect of  any gate hedge ditch c for obstupavit imply a nuisance continue and not a  personal disturbance as forestal or say to the plaintiff upon the land where c  that he shall not go over or use the say way for in such case upon such a  disturbance a action upon the case lie but as to a local and real disturbance  the word obstupavit amount to to build against and although in the declaration  be set down the day and year of the stop yet it shall not be intend that it  continue but the same day for the word of the declaration be further by which  he be disturb of his way and yet be and so the continuance of the disturbance  be allege and of that opinion be the whole court Leonard prothonotary he have  declare of a prescription to have way tam pedestrian how seats pro omnibus in  every way carriagiis and upon that prescription be can have a cartway for  every prescription be to draw tight law dyer that be well observe and I  confess that the law be so and therefore it be good to prescribe to have way  pro omnibus carriagiis without speak either of a horse or a footway