case Stebbing against GOSNAL Trinity term Elizabeth roll or Suff it be a good  custom that copyholder in fee shall have the Toppings of pollingers and the  lord can cut they down for that will deprive the copyholder of the future  Toppings I Ro ab ld ray pale yellow ten Mod dougl t Rep action upon the case  by a copyholder against his lord suppose that he be a copyholder in fee and  that within the manor be a custom that every copyholder shall have the  Toppings of the pollffigers and because the defendant have cut down two oak be  pollingers where he lose the benefit of the Toppings he bring this action the  defendant protestand that there be not any such custom for plea say that he  cut down two oak be pollinger timher tree and leave the Toppings there for the  plaintiff the plaintiff demurrer Godfrey for the plaintiff move that it be not  any plea for a copyholder have not only a interest in the present lop but in a  future profit by the lop and therefore the lord ought not to cut they down to  his prejudice and he cite a case to he adjudge in this court betwixt Garnon  and Keble where this point be adjudge upon demurrer and that a action upon the  case be maintainable and of that opinion croak Elizabeth be Popham and Fenner  for a copyholder of inheritance have a interest in the lop and bough as well  as the lord in the timher and if the lord cut down all the timher tree then  the copyholder shall lose all the profit which for the future may come unto he  and never afterward shall have any more Toppings and it be a reasonable custom  to have the Toppings of the pollingers which ancient have be continue  wherefore c Clench doubt because that then the lord who have interest in the  timher shall never by this mean have any profit thereof and thereby lose his  inheritance wherefore it be reason that he may take the timher and leave the  lop to the copyholder otherwise they shall never he cut down and the timher  will decay which will he a prejudice to the commonwealth but notwithstanding  Popham and Fenner absent gawdy give rule that if other cause be not show  judgement shall he enter for the plaintiff