coke b PENRUDDOCKS case Trin Elizabeth in the common plea SC Jenkins that cent  case see Jones v William m W lemon v web Ch ac quod permtltat lie for the  feoff for a nuisance levy in the time of the feoff and may be bring against he  who do the wrong without any request make but coke report b er p it can be  bring against his feoff without a previous request to reform the nuisance such  feoff may abate the nuisance before any prejudice do as well against the feoff  who do not the nuisance as against the tort feasor himself king c cro  Elizabeth jenk cent hill Elizabeth rot in the king bench on a writ of error  Inst   b in a quod to let pass a this writ be now out of use for at this day  all action for way commons nuisance and the like be turn into action upon the  case or the right may be try upon action of trespass Vid booth on real action  Com dig action on the case for a nuisance a viner ab nuisance I and Vid  Shalmer v Pulteney l raym a between Henry clark plaintiff and Edward  Penruddock and mary his wife defendant which be adjudge in the common plea and  remove by a writ of error into the king bench hill Elizabeth rot the case be  such John cock Oct year I mark build on his own freehold a house in saint John  street in the county of Middlesex so near the curtilage of the house of Thomas  Chichele that house that superpendet Anqlice do hang over great parten  videlicet pedes curtilagii prd c and afterward John cock convey the house  which he have so build to Penruddock and his wife and Thomas Chichele to who  the nuisance be do convey his house to the say clark the now plaintiff and the  plaintiff in his quod to let pass which he bring to strew before house predict  declare that the same house superpendet tres pedes curtilagii predict such  quod aguce rain bringing de eaden house descendant solum the same curtilagii  frighten thoroughly ac greatly ac indies to greater extent magisque to use up  to lay waste ac et ration curtilag prd whithersoever you please rain bringing  tempore moisten overflow exist quod predict henric inhabit in eoden messuagio  no one prfic eteasiment de eoden trlilagio to take wholly to be able ad  nocumentum unconstrained tenementi predicti c in the same and the first  question be if the writ of quod to let pass lie in this case for the feoff or  not and it be object that when a wrong and injury be do by levy of a nuisance  for which a action lie that if he who have the freehold to which the nuisance  be do convey it over now this wrong be remediless as if the lord encroach rend  of his tenant the tenant can avoid this wrong in a a   ill b   a Doct pl Inst  a avowry but in a assize b   ill b   a Doct pl Inst b or a cessavit or a ne c  f n b ill c I   b e b a c injust vex he may but if the tenant to who the wrong  be do feoff another his feoff shall never avoid coke a all this wrong for he  shall take the land in the same plight as it be give he and that appear by e  avowry e avow e avow also if a man be seize of land to which common be  appendant and he be seize of the common upon which he bring a assize and  afterward feoff another of the say land the common be extinct for ever and  therewith agree e wherefore they conceive that the feoff shall not have the  say quod to let pass to avoid the wrong and nuisance make in the time of his  feoff but it be answer and resolve that the drop of the water in the time of  the feoff be a new wrong so that the permission of the wrong by the feoff or  his feoff to continue to the prejudice of another shall be punish by the feoff  of the house to which c and if it be not reform after request make the quod  permillat lie against the d jenk cent raym Bulst Inst Inst Cr jc vent Cr  Elizabeth more f n b h d feoff and he shall recover damage if he do not reform  it but without request make it do not lie against the feoff but against he who  do the wrong it lie without any request make for the law do not require any e  Cr Elizabeth e request to be make to he who doesi the wrong himself b nuisance  by a Act of Commission be commit in defiance of those who such nuisance injure  and the injure party may abate they without notice to the person who commit  they but there be no decide case which sanction the abatement by a individual  of nuisance from omission except that of cut the branch of tree which overhang  a public road or the private property of the person who cut they per best I  earl Lonsdale v Nelson barn Cress SC dow Ryl quod vide and the authority cite  and per croak I one may cut down bough if they hang over his ground morris v  baker Bulst SC roll Rep b and so this case be not like any of the case which  have be put coke report b er p on the other side vide ass f Bulstr   a f e a b  e where it appear that the feoff shall have a quod to let pass of a nuisance  levy in the time of the feoff and with this judgement agree a judgement give  by sir Christ Wray chief justice and the whole court of king bench mich and  Elizabeth where the case be John g Rolfs case Elizabeth Cr Elizabeth more g  Rolf the father be seize of a house in Hemelhamstead in fee and Richard Rolf  the father be also seize of a piece of land on the south and east part  adjacent to the say house and Richard Rolf build a house on his piece of land  aforesaid so near the house of the say John Rolf that the eaves of the say  house do hang over part of the house of the say John Rolf so that the rain  which descend from the say house of the say Richard Rolf fall on part of the  house of the say I Rolf and afterward I Rolf die and his house descend to his  son and afterward the say rich die and his land descend to his son who on  request make by the say John the son do not reform the say wrong but suffer  the eaves of his house to hang over the house of John Rolf the son for a  certain time the wall of the house of the say I Rolf the son become rot c upon  which matter John the son bring a action against rich the son upon which rich  the son do demurrer in law and it be adjudge that the action be a more Cr  Elizabeth Cr James a maintainable because the def on request make do not  reform the nuisance which his father make but suffer it to continue to the  prejudice and damage of the plaintiff son and heir to he to who the wrong be  do vide h e voucher ass p ass p and with this judgement in the principal case  agree the register b f n b h and the stat of west cap b   a Inst c   light b b  by which it be enact quod s1TRansferat house coke b mouse c in alian mask  breve non deny send de ctero cum in to make one grammatical case to go away  breve in similar things grammatical case like regnedio indigent as prius fiat  breve et si hujusmodi alleviate ad nocumentum to bear in alian mask de ctero  fiat breve by which it appear that the writ in our case well lie and so it be  adjudge in the common plea that the quod to let pass in the case at bar do  well lie vide Elizabeth dyer c Cr Elizabeth Leon dyer pl Yelv Noy c madam  brown case and hill Elizabeth rot between d more Cr Elizabeth Noy d Beswick  and cumden in the king bench on which judgement in the case at bar Penruddock  and his wife bring a writ of error in the king bench where Popham chief  justice and all the justice of the king bench do concur in opinion with the  justice of the common plea as to the point there adjudge and it be move in the  king bench if the feoff may abate the nuisance as the feoff himself and as  well in the hand of the feoff who do not the nuisance as in the hand of the  tortfesor himself and if the feoff of the house to which the nuisance be make  may do it if he can do it before he have some special prejudice as in the drop  of the water or if he ought to stay still he have special prejudice and Popham  chief justice hold that in both case the feoff may e   a Cr Elizabeth roll Cr  James e a b Cr car jenk cent Edward e abate the nuisance and that before any  prejudice c but he can remove scaffold c for make a building which will be a  nuisance when finish roll ab nuisance a nourice v baker roll Rep SC Bulst so  if a person have a intent to build a wall and lie the foundation you can pull  this down per coke CJ ibidem so although bough which hang over another land  may be cut yet they can be cut lest they shall hereafter grow over per croak I  roll Rep so after the removal of a nuisance the destruction of the material  can be justify James v Hayward W Jones and Vid Com dig action on the case for  a nuisance d c for it be reasonable that he shall prevent his prejudice and  not stay coke report a er p till it be do which be grant by the whole court  and afterward the judgement be affirm and so this case be adjudge by all the  judge of England