case Lacon against barnard attorney Hilary term James roll a recovery in  trespass for take and drive away a flock of sheep and small damage give be no  bar to trover for the same sheep if the plaintiff reply that the recovery be  only for the take and not for the value SC hut style cro James raym win Ent  lev Com dig Bac ab dougl term Rep trover and conversion of one hundred sheep  show that the plaintiff upon the twentyfifth day of march James be possess of  those good and lose they and that upon the last day of April they come to the  defendant hand who the same day sell and convert they to his proper use the  defendant for eleven of they plead not guilty and as to the eightynine the  residue he plead that the plaintiff at another time videlicet on the  eighteenth day of September James prosecute a original writ out of the  chancery returnable in this court against the defendant and one Brian smith  quare to take in hand et to lead away sheep and thereto they appear and the  plaintiff count against they of their take of a hundred sheep upon the  fourteenth day of April James and thereto they plead not guilty for the eleven  sheep and for the eightynine residue they plead a recovery in debt by the  defendant against Edward Hatcliff of a debt of sixty pound and that the say  Edward Hatcliff be then possess of the say eightynine sheep and that by virtue  of a become facias those good be sell to he whereupon he take they into his  custody the plaintiff thereto reply and take issue and find for he and damage  assess to twopence and thereupon the plaintiff have judgement of the say  twopence damage and have six pound for cost and aver that the say take and  drive for which the recovery in trespass be have and the conversion of the say  eightynine sheep in this action be all one and that the say judgement be yet  in force to this plea the plaintiff reply that true it be he bring such a  action and recover the twopence for the take and drive of the say eightynine  sheep and six pound for cost but he far say that the say twopence damage be  not assess for the croak car value of the say sheep and the conversion of they  and that the say defendant at the day and year in the bill sell the say  eightynine sheep and convert they to his own use the which conversion be the  same conversion whereof he now complain and traverse that the say take and  drive in the say action whereupon the judgement be give be the same trespass  as to the conversion of those good whereof the plaintiff now declare upon this  replication the defendant demurrer general and it be now argue at the bar by  sergeant crew for the defendant and by sergeant henden for the plaintiff and  after the say argument at the bar it be resolve by Hutton Harvey and myself  that this replication be good and that the plaintiff ought to recover for the  damage of twopence give for the eightynine sheep be so small be in itself a  implication and the court shall so intend it that it be give only for the take  and drive of they and that the plaintiff have they again and not in lieu of  the value of they for if it shall be give for the value of they then the  plaintiff shall thereby lose the property in they and have nothing for his  sheep but twopence and the defendant shall have the sheep but the law will  rather intend and so it may be aver that those damage be give only for the  take and drive and that the plaintiff have they again and afterward lose they  and that the defendant find and after convert they c and this demurrer be a  confession that he convert they after the say take and drive for the action of  trespass be suppose to be upon the that April James and the trover and  conversion in this action be suppose to be upon the that April James which  well stand with the former action for the defendant may take and chase they  one day and the plaintiff recover damage for the chase and after lose they c  and this first action be bring for the first take and chase and the second for  the conver croak car er p sion so both may stand together which be now confess  b the demurrer and that the damage be give for the first take and drive and  not for the conversion therefore they conceive the plaintiff shall recover but  Yelverton hold because the action of trespass be to take in hand et to lead  away therefore it include that the defendant have they and oust the plaintiff  of the possession and although the damage be small it shall be intend to be  give for the sheep and if so then he can have a action for convert they  afterward but judgement be give for the plaintiff croak car trinity term car  in the common plea sir Richard Hutton Knt chief justice sir Francis Harvey Knt  sir George croak Knt sir Henry Yelverton Knt justice sir Robert heath Knt  attorney general sir Richard Sheldon Knt solicitor general