case Muston against yateman to trespass queen whether a justification state  that a be seize of the place where and demise it to the defendant without  state of what estate he be seize be good after issue on a replication de in an  unjust manner c and verdict for the defendant S c post S c pale yellow this be  a action of trespass the defendant plead that sir Thomas freke be seize of a  place call ten acre and demise the same to the defendant for ninetynine year  and that sir Thomas freke and all those who estate he have do time out of mind  use such a way c the plaintiff reply de in an unjust manner svan not common  with others without hoc quod predictus Thomas freke and all those who estate  he have do time out of mind c upon this issue join and jury find that sir  Thomas freke modern report and all those who estate he have do time out of  mind c it be move in arrest of judgement that the justification be nought  because it be seisitus general and the estate not set forth of which he be  seize whether life tail or fee and that therefore since every man plea be to  be take in that sense that be most prejudicial to the pleader because in law a  man be always presume to make the best of his own case by seisitus here must  be intend a seize for life which will not support prescription this objection  be also turn another way videlicet that this plea be nought for the  uncertainty it may be a seize for life tail or in fee it be urge in support of  the plea that the jury can not possible have find the verdict they give unless  it have be a seize in fee and several case be quote a Hutton t Jones raym lev  a modern report er p to show that a verdict cure all defect where it be  possible for the verdict to have be give unless that have appear which be want  in the plead Parker chief justice it must have be give in evidence that he be  seize in fee for he who have a estate only for life have nobody estate but his  own and then it be impossible for the jury to find as they have do videlicet  that sir Thomas freke and all those who estate he have do c Eyre justice seize  de fee be always the form of plead and therefore necessary whether the verdict  have cure it I can say modern report powys junior prescription for the way be  the only matter in issue the seize be only inducement and pass over at nisi  prius Parker chief justice the only question be whether the issue be a  material issue for if it be then by the express word of the Act all defect in  plead be cure by the verdict Adjournatur b this case be argue again in easter  term the Geo post but it do not appear in any of the report of this case what  judgement be give S c pale yellow Rep see caryi v holt stram Helwis v lamb  salk b easter term the thirteenth of queen whether in the house of lord