Barnardiston king b carey and HINTOL how far a issue shall be say to be  immaterial or not in trespass for enter a close call PinsworthFeild the  defendant plead that the close in question be the proper land of the defendant  the plaintiff reply that the say close be the estate of inheritance of the  plaintiff and not the proper land of the defendant upon which issue be join  and a verdict find for the plaintiff it be move in arrest of judgement that  this be a immaterial issue and a rule make to show cause for that purpose Mr  Dennison come now to show cause and say that he do agree the issue be informal  like the case in Rep Bulst more and side but submit it to be nothing more and  therefore pray that the plaintiff may have his judgement the chief justice say  that that part of the replication namely that the say close be the estate of  inheritance of the plaintiff can be sufficient for that import no more than  that the plaintiff have a estate of inheritance in the land which of itself be  not sufficient to maintain a action of trespass and as to the other part of it  namely that the close be not the proper land of the defendant that import no  more than that the defendant have not the property in it which he think will  hardly be sufficient neither judge page be of a contrary opinion the plaintiff  he say by his replication have follow the word of the defendant plea he do  agree that the plea will have be bad upon a demurrer but then the judgement  shall be against he that commit the first fault for which reason he be of  opinion that judgement shall be for the plaintiff upon the declaration the  rest of the court incline to be of opinion with the chief justice judge probin  say if the plea be bad the plaintiff issue join upon it must be bad likewise  and therefore the present case differ from that which it will have be in case  of a demurrer judge lee say that he do believe the intent of the present plea  now in English be to answer the plea of book property when in Latin but the  meaning of that plea be that the defendant have a immediate right to enter  upon the possession as his freehold he think the word of the present plea can  not signify that accord this matter stand over vide postea