case moss against bennet a justification in trespass state that a be seize in  fee of the place where and make a lease for life thereof to the defendant by  virtue of which he enter c be good Bac Abr Commons c trespass on the case  against the defendant for disturb the plaintiff in his common wherein he set  forth that the defendant have cover three acre of the common field with hurdle  and have enclose three acre more c the defendant plead that the college of  Newelme in the county of Oxford be seize in fee of the land in the declaration  mention and be so seize make a lease thereof to the defendant for life and  that he the defendant have a right by prescription to have a fair on the say  common every year on such day in the year and to have hurdle to keep and  enclose cattle there and a right to so much ground on the say common as will  keep the say hurdle from fair to fair and so justify the enclose three acre  with hurdle and the cover three acre cum wickerwork predict and aver it to be  the same trespass and upon a demurrer to this plea it be object that it be ill  and repugnant because a seize in fee be lie in the college and a estate for  life in the defendant but it be disallow for it be good reddendo one one then  it be object that the defendant have justify the enclose three acre and the  cover three acre but do not say that the cover be in other divide promontory  so that the plaintiff have declare for a disturbance in six acre modern report  the defendant have only justify in three acre the court hold this to be a  fault incurable and the rather because this be a action on the case for  disturb the plaintiff in the enjoyment of his common the defendant may have  plead the general issue and have give this special matter in evidence modern  report er p easter term the nine of George the first in the king bench sir  John Pratt Knt chief justice sir Littleton powis Knt sir Robert Eyre Knt sir  John fortescue aland Knt justice sir Robert Raymond Knt attorneygeneral sir  Philip York Knt solicitor general