bold and break action sur case for disturb of his common and judgement per  default in c b and writ of error in r b Tremain pro Quer in error assign that  the plaintiff have lie no title either by grant or prescription which he that  claim a interest in another rnan S son shall neither do he show what kind of  common and therefore incertain for there may be several sort of common there  be a difference between a charge and easement in the second you need show no  title in the first you must show a particular title and in matter of discharge  you need show no title but this be by way of charge and therefore he shall say  he be seize in fee c as in mary S and Crogat S case Skinner er p the case of  saint John and moody in hale S time be action sur case for disturb he of a way  and say only that he be seize of such a close to which he have a way c and  verdict and judgement pro Quer but this be after a verdict but in that case it  say that unless upon evidence the plaintiff have make out a Skinner title the  judge will have direct the jury to find against he and it will have be  otherwise upon a demurrer in the case of matthews and Boughton h car rot r b  the plaintiff bring action sur case and set forth he be possess of a message  and that he have right to enter into the land adjoin to repair c non culp  plead and verdict pro Quer move in arrest of judgement because he have not  show any title and judgement arrest in the case of Scobel and Skelton p car r  b action sur case for stop a watercourse and no title lie c the court be of  opinion it ill and the judgement be arrest wherefore he pray the judgement may  be reverse pollexfen it do not appear in the declaration that this the  defendant S land but he say he be seize of a message and certain land from  such a time to such a time and that he by all that time have and ought to  enjoy common of pasture in such a close to his message and land belong and  that the defendant intend to deprive he of his common the plaintiff sheep do  drive out of the say close and lock up the gate so that it do not appear to be  the defendant S land if you be to justify for common you must show a title but  in trespass on the case you need not he say there be a great difficulty in set  forth a title right though he have a title therefore it be the safe way to  declare upon the possession as in the case of dent and Oliver Cr the court in  this case take it not to be the defendant S land and in this case if judgement  be affirm this upon that ground