case holbach against warner queen if in a action on the case against a  wrongdoer for not repair fence a declaration prescribe that all the possessor  of the say close have use to make the hedge be sufficient ante palm   light b    dyer   cro car Jones godb vent lie ld ray salk will Cowp action upon the  case whereas the plaintiff march James be possess of a close call Hays in  Wolston and the defendant be possess of a close call Greenmeadowhook in  Wolston et quod all men owner of the say close of the defendant from time  whereof c have use to make the hedge and fence betwixt his close and the river  Avon which run between the say close so as the cattle in the plaintiff close  shall not come into the defendant close and that the defendant do not repair  the hedge c whereby his cattle for default of enclosure go out of his own  close into that close and from thence into the close of one wilcocks who sue  and recover against he in trespass not guilty be plead and a verdict be find  for the plaintiff it be move in arrest of judgement that this prescription  quod all men owner c be not good for that may be for year or at will and none  may charge for matter of profit but he ought to prescribe in a tenant of a  freehold or in he who have the inheritance vide Henry pl prefer Edward pl  Edward pl     dyer it be object against this by davenport that it be hard for  the plaintiff to know the defendant estate and it be allow in the say book of  Edward and in the book of entry f quod all men the earth to hold use to  enclose c but it be thereto answer that the earth to hold imply feesimple and  this appear because it be allege repar debet et to use c and of that opinion  be Doderidge and Houghton that for this cause the declaration be not good and  allow of the difference croak throw betwixt terretenant and possessor and say  there be a apparent difference but lea hold it be good enough because it be a  action upon the case for wrong do by the possessor chamberlain be absent  therefore adjournatur a easter term James in the king bench sir James lea Knt  chief justice sir John Doderidge Knt sir Robert Houghton Knt sir Thomas  chamberlain Knt justice sir Thomas Coventry Knt attorney general sir Robert  heath Knt solicitor general