case oliver against vernon trover will lie for tree plant in box in a garden S  c holt ld ray trover for fourteen lemontree and the statute of limitation  plead on evidence at nisi prius before holt chief justice it appear that the  plaintiff obtain leave from my Lord brudenell above six year before to have  the tree stand in his garden at twittenham and that his lordship gardener may  take care of they that afterward my lord sell his garden with all his tree  therein to my Lord Portland who afterward sell the garden and whatever he have  from my Lord brudenell to the defendant and that a demand and refusal within  six year be prove upon the defendant modern er p it be object that the  gardener who receive the tree first from the plaintiff and continue gardener  all along and look after and rear the tree can not be a witness for that he in  case he prove a title in the plaintiff will thereby entitle himself to a  action for his labour and skill employ in rear up the tree whereas if it go  for the defendant he be to have nothing but this be overrule by holt chief  justice first because if the gardener take care of they as my Lord Brudenells  servant he be to have nothing for his pain from the defendant second if my  load only give the gardener leave to do it for the plaintiff the gardener then  be so far the plaintiff servant and it modern never be doubt but a servant be  a good witness for his master he also hold that these tree be in box and  separate from the freehold can not pass by the grant of the garden nor by the  word all his tree therein for they be not his tree that be my Lord Brudenells  nay it will be hard to comprehend they by construction within the grant if the  word have be all the tree in the garden without there be a schedule of the  tree intend to pass and the plaintiff tree mention therein but he agree if  they have be convey by my Lord Brudenells grant that have be a conversion and  be above six year the issue will be against the plaintiff and beside that the  grant of the garden be a determination of the licence give to the plaintiff  and that the grantee may distrain the tree damage pheasant but he have not do  so but suffer they to continue be so far from a conversion that it be evidence  of a licence by he and he say that by grant of all a man tree appletree will  not pass Q and the plaintiff have a verdict