case Welden against Bridgewater Hilary term Elizabeth roll trespass quare  enclosed space fregil lie for the portion of a common field after the  allotment ante roll ab   light a b more dyer Leon wood con strange will burr  Bl Com   dig burr term Rep trespass quare enclosed space to break in pieces  vocal HearMeadow at Paunchbourn and his grass there grow c upon not guilty  plead it be find by a special verdict that croak Elizabeth er p the plaintiff  be seize of the manor of Paunchbourn and that in the say manor there be a  meadow call WideMeadow contain eighty acre whereof the place where be parcel  and that from time whereof c this meadow have be divide by lot hetween diverse  person pro she ptione fconi de herbd ind roveniente and that from time whereof  c the plaintiff and all those who estate c have use to have have allot to they  yearly out of the say meadow thirteen acre which be allot shall he call  HearMeadow and that the place where be allot to the plaintiff and that the  defendant enter and out down the grass and if c Atkinson for the plaintiff the  question be whether the plaintiff have a profit a prender in that land onl V  or the land itself so as he may have trespass quare clausuft to break in  pieces c for if he have but a profit he can maintain this action as Henry of  he who have a warren only in another man soil or Henry or Henry of he who be a  commoner only but it seem here this land be allot unto he he have a interest  and freehold therein for the time and may well have this action as Fitzherbert  n Br partition hetween coparceners that the one shall have the manor of d for  one year and the other the manor of S and that every croak Elizabeth second  year they shall exchange now each of they for their time have a several  freehold and shall have trespass alone quare enclosed space to break in pieces  so temps Edward partition partition that the one shall have it from such a day  to such a day and the other for the residue of the year a wherefore c and of  that opinion be the whole court for it may be good by prescription and by the  allotment it be the proper soil and freehold of he to who it be allot and that  he well may maintain a quare enclosed space to break in pieces wherefore it be  adjudge for the plaintiff