case SACHEVERILL against porter Trinity term car roll see bare v Abingdon  croak car Ch common appurtenant be claimable by a exist grant as well as by  prescription though only part of the land be state in the plead to be convey  by feoff without say by deed S C Jones roll ab roll ab   light a b   a roll  Rep Com dig ante cro James trespass quare enclosed space to break in pieces et  cum averiis cull c upon a special verdict the case be that one fulk of  Peterborough and other be seize in fee of the place where be a great waste  call Atterhallheath and be so seize Henry grant by deed indent to the prior  and convent of stone who be seize in fee of three message one hundred acre of  land thirty acre of meadow and fifty acre of pasture in Stallington common for  he et omnibus to hold nest in Stallington pro omnibus averiis nest  communicable omni tempore striving in prediction to make empty habendum the  say common of pasture to the say prior and convent et successor et to hold  nest in continuous the priory be dissolve the king giant the say tenement with  all commons to they appertain and therewith enjoy to Roland hill and his heir  who by feoff convey threeandthirty acre parcel of those tenement cum  appurtenance to the defendant who therefore justify the use of the say common  appurtenant the question be whether common create Henry and so within time of  memory grant to the prior and tenant c may be say common appurtenant to the  say tenement in Stallington resolve that it may for be grant to he and his  tenant of Stallington it be common appurtenant and may pass by feoff as common  appurtenant together with the say tenement second although but part of the  land be convey and not the entire yet it be common appurtenant as common for  the beast levant et couchant upon the say tenement and well shall pass with  they by the word cum appurtenance and although it be common create within time  of memory it be common appurtenant and may be well apportion vide   wield case  three although the plead and verdict be that feoff be of part of the say land  and do not say that it be by deed yet it be good enough wherefore it be  adjudge for the defendant vide ass ass croak car er p