case spring against Rawlinson Michaelmas term car roll ejectment while proceed  be in Latin will not lie de tray except its meaning be ascertain by England  warehouse ante S C Jones   light b   a march ld ray stram Com dig dougl term  Rep error of a judgement in the common plea in a ejectment of a lease of a  message et One tray in parochian all sanctorum habendum property c from the  Feast of the purification for five year and that the defendant enter and eject  he from the land aforesaid after verdict upon not guilty plead and find for  the plaintiff and judgement for he error be bring and assign that tray be a  personal thing call a cupboard which be removable and whereof a ejectment lie  not whereupon it be demurrer and very well argue by pheasant for the defendant  in the writ of error and by Grimston for the plaintiff pheasant urge that tray  be not only a cupboard but also a warehouse and so be express mention to be in  the dictionary and when tray may be intend a warehouse and a real thing which  may be demise it shall be take rather that way than to construe it to be a  cupboard which can be demise and it be now argue by all the justice Berkley  and myself hold that the declaration be good and not erroneous for if it have  be with a England a warehouse it have be clear good as all the justice agree  and now that it be put without a England be a good Latin word for a warehouse  and so express in print the court may well take conusance thereof as of a real  thing demisable and when also it be mention with a tenement and a entry and  ejectment make thereof it must be intend to be a warehouse and when the lease  upon which the action be bring be show to the cursitors in chancery who make  the writ it be a warehouse in the indenture they translate it repositor and  well because they have the dictionary to croak car warrant it and a ejectment  lie thereof as well as of a chamber as Hett pl or a assize de cellar as Edward  pl or of a shop as Edward pl and assize and although in Savells case a it be a  see Mr hargrave note topage a   light b a   croak car er p hold that a  ejectment lie not of a close yet it be say that the contrary have be since  adjudge in wykes v sparrow b and Berkley say that a assize de alneto bullar  salina and such like although they be uncertain in the declaration yet because  they may be make certain be good enough so here it be certain enough what the  plaintiff shall recover and of what the sheriff shall put he in possession c  wherefore we conclude that judgement shall be affirm but Jones and Brampston  justice say they conceive the declaration to be ill because tray for a  warehouse be not use nor know in the law and they never hear or read of that  word for a warehouse and in Calepine it be say to be a voider and of such word  which he not usual the law shall not take any conusance as they do of  cottagium curtelagium fodina and the like which be word know at the commonlaw  wherefore they will advice afterward in hill car because the court be still  divide in their opinion the defendant in the writ of error for his expedition  commence a new action and consent that this judgement shall be reverse