carey and hilton vide ante in trespass for break the plaintiff close call  BingsworthField the defendant plead that the say close be the proper land of  the defendant the plaintiff reply that it be the estate of inheritance and  proper land of the plaintiff and not the proper land of the defendant on issue  join the verdict find that the say land be the estate of inheritance and  proper land of the plaintiff and not of the defendant Mr Kettleby have some  time ago move in arrest of judgement that this plea of the defendant though  intend to answer the plea of book property yet be by no mean agreeable to it  he submit it that the issue join be real immaterial and therefore the  plaintiff can not have judgement upon it accord he obtain a rule that the  plaintiff shall bring in the postea the postea be bring in Mr strange argue a  few day ago that this be only a mispleading and cure by the statute of  Jeofails for this purpose be mention the case of yateman and mustard Trin Geo  there in trespass the defendant plead that a be seize and demise to he and lie  a and estate for a way verdict be give for the defendant in a arrest of  judgement the plea be hold good though only allege in it that the defendant be  seize without say that he be seize in fee to the same purpose he cite Bulst  Rep salk and Yelv however at that time the rule be enlarge for stay the  judgement Mr Dennison argue on the same side with Mr strange and cite cro cro  and sand the chief justice say he do agree that the plea be bad in it self and  may have be take advantage of on a demurrer for he take the meaning of the  word in it only to be that the defendant have some sort of property in the  land however as the verdict have find that the defendant have no sort of  property he think the plaintiff must recover judge page and judge probin be of  his opinion judge lee be of another opinion he aid the plea of book property  by constant usage always sup Barnardiston king b pose in it a right to the  possession which this plea by no mean do and therefore he think that a verdict  find in the word of it can not make it good accord upon the court be not agree  in opinion the matter stand over for a day or two vide postea