ccli ware and blunt case trover and conversion in a action upon the case of  trover of certain load of corn at henden in Middlesex and the conversion of  they the defendant plead that before the conversion he be seize of certain  land call Harminglow in the county of Stafford and that the corn whereof c be  there grow and that he do sever it by force of which he be possess and the  same casual lose and that the same come to the hand of the plaintiff and the  plaintiff casual lose the same and the same come to the hand of the defendant  at henden aforesaid and he do convert the same to his own use as it be lawful  for he to do upon which the plaintiff do demurrer in law Atkinson the plea be  good for the conversion be the point of the action and the effect of it for if  a man take the same and do not convert he be not guilty and here the defendant  do justify the conversion wherefore he can plead not guilty the general issue  be to be take where a man have not any colour but here the defendant have  colour because the corn whereof c be grow upon his land which may inveigle the  lie people and therefore it be safe to plead the special matter but admit that  it do amount but to the general issue yet there be not any cause of demurrer  but the plaintiff ought to show the same to the court and pray that the  general issue be enter and the court ex duty ought to do it Egerton the queen  solicitor contrary the plea in bar be not good the plaintiff declare of a  trover of his good ut de good nest not common with others and the defendant  plead that be take his own good which be not any answer to the plaintiff see e  in trespass of take and carry away his tree the defendant plead that they be  our tree grow in our own soil and we cut they and carry they away and the plea  be challenge wherefore the defendant plead over without that that be take the  tree of the plaintiff so ass and e another matter be the plea in bar be that  before the time of the conversion the defendant Leonard er p be seize of the  land and sow it and that after the corn be sever but he do not say that he be  seize at the time of the severance and then it may be that he have sever the  corn of the plaintiff c and that be hold by the court to be a material  exception wherefore judgement be give for the plaintiff but as to the first  exception the same be disallow for the court ex duty in such case ought to  cause the general issue to be enter but the plaintiff ought not to demurrer  upon it cro Leonard trin Elizabeth in the king bench