case Pruett against drake and his wife easter term car roll dower do not lie  for a common in gross after verdict communia pastur shall not be intend divide  common but a common appendant or appurtenant of which a wife be dowable  without demand S C Jones SC I roll Abr roll   light b a note godb dower will  not lie for a tenement strange error of a judgement in the common plea in  dower the error assign be because the writ and declaration make demand of  dower in a message promontory terrae prati pastur et de communia pasture pro  omnibus averiis cum appurtenance c the tenant plead ne unques seisie quod  dower c and find for the demandant and damage assess and judgement croak car  er p whereas of common in gross without number a wife be not dowable and the  damage be entire give and judgement accord it be therefore move by calthrop to  be error roll for the defendant in the writ of error agree that of common in  gross without number a wife be not dowable but be conceive it shall not be  here intend to be common in gross but rather appendant or appurtenant and  although it be say if it croak car be common appendant or appurtenant it need  not be demand but be include in the land cum appurtenance and that it be now  bis attack yet that be no cause of abatement of the writ for if he have plead  in abatement for that cause it shall not prejudice the defendant for she may  have abridge her plaint and after judgement it be no cause to reverse it and  precedent be show in the common plea in easter term car roll Peckham v Wickham  where in dower the demand be in the same manner of land and common and upon  plead demurrer be for part and a verdict for part judgement be for the  defendant and now be debate all the court seriatim deliver their opinion that  as the case be the common may be intend appendant or appurtenant whereof dower  be demandable and it shall not be intend to be common in gross without number  whereof a feme be not dowable and the rather be after verdict which find that  he be seize quod dower c and by intendment it appear upon the evidence that it  be such a common as go with the land whereof she be dowable and if it have be  common in gross without number the judge before who the trial pass will have  direct it to be find against the defendant and therefore it be also in case of  dower and to affirm a judgement the most favourable construction shall be make  and although the word be et de communia pastur c yet it shall not be intend  divide common but rather ail enumeration of the thing demand and the other  judgement be in the same manner upon a demurrer they all agree that it be no  error and therefore the judgement be affirm