butler against Hodges mich car rot ante trespass error after verdict in c b  and judgement be assign in trespass lie at a certain day in take and carry  away twenty load of wheat which per orlaby pro defendant in the writ of error  be good enough with continuando as f n b e in trespass of break close or house  which be ground on the reasonable intendment that the cattle or the party may  be there remain r b per Fairfax Edward b pl and if this action may be suppose  for the mean profit of a estate then the continuando be as good as in eat up  of grain for here the defendant continue take the profit and h trespass  Fitzherbert be express in this point but if the continuando be not good be but  a formal part of the declaration and not the gift of the action it be aid by  verdict and the court shall not intend damage be give for it Cr Strickland  case it be but aggravation Edward Edward b and in the case of Letchford  against Elliot Keble judgement be for the plaintiff the trespass be allege in  throw in log and the continuando allege quoad ejectionerm only which the court  reject as idle and will not intend any damage be give for it the court  conceive the trespass well enough allege praeter Twisden who say that whenever  the trespass be execute as in cut tree such a day or carry away so many load  of grain such a day there can be no continuando allege but per Windham no man  can express the trespass better than first to allege it as one in gross and  then to add the continuando to show what time it continue as in battery and  depasture of ground the battery nor the feed of one day be not the battery or  feed of another day so of break of a house so have the trespass be in cut  twenty acre of wood here a continuando may be allege albeit not in cut a tree  or enter c but quere on trespass for kill cony in a warren and the court  conceive this well lie praeter Twisden but all agree the damage here can be  intend only for the entry and not for the continuando judgement affirm nisi  post