Cantrell against Stephens mich bane sum p arrest of judgement for a action  upon the case for stop away Cantrell bring a action upon the case against  Stephens for stop his way in a meadow call Madbrook in the parish of redriff  in ken upon not guilty plead and a verdict find for the plaintiff it be move  in arrest of judgement that the plaintiff as lessee to the haberdasher company  of London claim to have a way for they whereas they have let the land can have  the uva that but the lessee in possession that style report the prescription  be not right apply for it ought to be for they to have a way pro to hold et  occupatoribus nest which be not so here Twisden answer it shall be intend  tenant and occupiers to the haberdasher though it be not say nest latch say  that a prescription per and estate be good in a action upon the case because  no land be claim and green on the same side say the exception take be help by  the verdict wile on the other side say that it do not appear that the tenant  who bring the action come in by the haberdasher who claim the way and so he  can prescribe to have it and the prescription ought to be lie pro to hold  subtenentibus which roll chief justice deny and say that it be lie that the  haberdasher be seize in fee postea hue usq and so they have the fee at the  time and may prescribe but it have be better for the party to have show that  he be their tenant but it be after a verdict the question be whether it be not  help upon read the record roll chief justice observe that it appear not who  occupier and tenant the plaintiff be but only by way of argument but say the  question be whether the verdict do help it and h incline it do not because the  action be bring by the tenant who have not entitle himself to the action forhe  have make only a title to the way in the haberdasher but have derive no estate  from they to himself at another day roll chief justice say we must not take  thing by intendment and here be a failer in the very gist of the action for  the plaintiff have not entitle himself to the action for he livre of the no  interest for it appear not how he be ocupyer of the land for he do not say he  be ocupator swine and as hehath lie the declaration the company ought to have  bring the action jerman justice to the same effect and say that upon a  demurrer it have be clear nought and the verdict here do not help it for no  title appear for the plaintiff and the verdict can give he that he have not  before Nicholas and ask justice to the same effect roll if it have be ocupator  swine I doubt it will not make the declaration good because it show not by  what title so the rule be nil to take in hand perbillam nisi style report er p