case CORBYSON against pearson if issue he join upon a prescription which on  demurrer will he have it will he aid after verdict by Henry c ante   dig  Gilherts c p sand trespass for the take of his hest videlicet four cow in a  place call Breachleys and chase and impound they without cause the defendant  justify as in his freehold for damage pheasant the plaintiff by replication  show that he be and time whereof c be seize of a message and twenty acre of  land in d and that he and all who c have have from time c common for all his  hest levant et couchant upon the say tenement c in the place where every year  after the sow corn be sever and carry away until it be resown and that he  there after the corn be sever and carry away put in his say hest into the  place where c act  communia svan jprcedicta c the issue be take upon the  prescription and find for the plaintiff and now move in arrest of judgement  that the replication be not good and so the plaintiff ought not to have  judgement because he say that he pub in his cattle after the corn sever and  carry away and say not that it be before the land be resown for otherwise he  have no title to common second because he aver not that those cattle be levant  et couchant upon the land aforesaid for otherwise he can use common with they  nor have not sufficient entitle himself to put they in and in proof thereof  vouch Edward pl and the precedent in the book of entry trespass in common I  i but all the justice hold that in regard issue be take upon the prescription  although peradventure the plea be ill and ought to be adjudge against the  plaintiff if he have demurrer thereupon for this cause yet it now shall he  take to be good enough and to he bolpen by intendment when it be say that he  put they in act  communia svan pra 2dicta that it be at such a time as the  common be to he use and with such hest as be there to use the common wherefore  without any great argument because it be after verdict and may he well intend  and so aid by the statute of Jeofails it be adjudge for the plaintiff croak  Elizabeth er p