case spooner against day and mason Michaelmas term car roll a prescription can  be plead against a prescription and therefore if a man prescribe for a common  the plea of a custom to enclose it be void S C Jones roll Abr cro James Com  dig the commonage of a common appurtenant certain may be divide or annex to  parcel of the manor error of a judgement in the common plea in a action on the  case whereas Robert futter be seize in fee of the manor of Thompson and he and  his ancestor c time whereof c have a foldcourse a for his and their sheep not  exceed three hundred and seventy acre of land in Thompson every year from  fourteen day after the corn be carry away to continue until ladyday within the  land not sow again and show that be let by deed to the plaintiff seventyfive  acre parcel of the manor with the foldcourse for five year and that the  defendant enclose and thereby have disturb he of his foldcourse one of the  defendant plead not guilty the other plead in bar that there be a custom  within the say will that any one may enclose any part of his land lie in the  common field and therefore he enclose this land lie in the common field the  plaintiff hereupon demurrer and without any difficulty it be adjudge that the  bar be not good because b these objection be move again in easter term and all  the court agree that although it be the better course to show that it be sub  great seal yet be omit it be well enough and good both way but judgement be  enter for the plaintiff post page a see Mr hargrave   light note croak car er  p he do not traverse the prescription in the declaration and he can plead a  prescription against a prescription but be ought to answer the prescription  allege in the count croak car in the common plea a exception be take to the  declaration that it be not good because a foldcourse be appurtenant to a manor  can be divide and annex to parcel thereof and therefore that the plaintiff  have not any title but the exception be there overrule and adjudge for the  plaintiff and this point be now assign here for error and after river argument  the court this term adjudge it to be good enough for be but in nature of a  common certain it may be well divide or annex to parcel of the manor and there  can be any prejudice to the terretenants for they shall not be charge with  more than they be before wherefore the judgement be affirm vide Henry pl Henry  pl Edward pl Henry pl Henry pl levinz