case bradshaw against eire Hilary term Elizabeth roll refer to hall v Byron Ch  d bare v Abingdon Ch if a have a house with common appurtenant in the land of  b and convey it to b the old right of common be extinguish by the unity of  possession but if b lease it with all commons use there with it be a good  grant of a new right of common during the term post more hob   light     Owen  show Mod Carth salk Mod vern ld raym trespass de enclosed space to break in  pieces in Abney the defendant plead that long time before c one Nicholas  bagshaw be seize of the place where c in fee and that one Godfrey Fuliambwas  seize in fee of a house and twenty acre of land in Abney aforesaid and that  the say Godfrey Fuljamb and all that that who estatd c have have for he his  farmer and tenant of the premise common in the say place where c for all their  hest at all time of the year as to the say tenement appertain and that the say  Godfrey Fuljamb feoff of the say tenement the say Nicholas bagshaw and that  afterward the say Nicholas bagshaw let unto the defendant the say house and  twenty acre of land with all commons profit and commodity thereto appertain v  el occupate well usital cum proedido messuagio and thereb justify the put in  of his cattle to use the common c it be thereupon demurrer and the matter in  law be only whether this common be extinct by the unity of possession may he  revive by any of those word or whether it niai not enure as a new grant of  common for so many years?And by gawdy and Fenner Popham and Clench send away  it be hold clear that this common be extinguish by the unity of possession it  be common appurtenant and can be revive again although a feoff have be make of  the land gawdy say that so it be of common appendant and as to this purpose  there be not any difference betwixt they but they hold that by the word of  that lease of all commons profit c occupy or use cum messuagio c it be a good  grant of a new common for the time for although it be not common in the hand  of the feoff yet it be quasi common use therewith and although it he not the  same common it wall before yet it be the like common but because there be not  a sufficient averment that this common be use by the lessee at the time of the  lease it pass not and it be therefore adjudge for the plaintiff croak  Elizabeth er p