case Symonds against SEABOURNE easter term car roll a action on the case may  be maintain by a lessee for year for obstruct the light of a ancient message  cro Elizabeth side cro James vent show ld ray burr Cowp a declaration that the  defendant be and yet be possess of a house and a void piece of land and erect  building thereon c be good dougl a prescription for ancient light be to the  house and not the person post cro James action on the case whereas the  plaintiff upon that October car be possess of a ancient house in Worcester and  the defendant the that October car be and yet be possess of another house and  void piece of land adjoin to the north part of the plaintiff house wherein be  three window time whereof memory c by which window the light come out of the  say void parcel of land into the plaintiff house time whereof c that the say  defendant malicious to deprive he of the light come by the say window into his  house the say that October car erect a building in part of the say void piece  and thereby stop the light come by the say window into his house whereby his  house be total darken and he much prejudice by that stop the defendant plead  not guilty and find against he exception be take in arrest of judgement that  the declaration be repugnant in itself for to say thus far possessionatus of  the say void piece of land and to show the offence in erect a building upon it  show that it be not now a void piece of land Berkley be of this opinion but  Richardson Jones and myself hold that this be good enough and no repugnancy in  the thus far possessionatus for it may be that part of the say void parcel of  land be build and darken his light and part remain still void croak car and  the declaration as to that be but surplusage and the one part well stand with  the other another exception because be allege not any person in who the  prescription may be fix and the plaintiff be but lessee for year who can  prescribe but it be answer thereto that the time whereof c be tie to the house  and not to any personal prescription and be a ancient house and window therein  time whereof c there need not any prescription in any person wherefore it be  adjudge for the plaintiff croak car er p