case comens against boyer Trinity term Eliz roll Middlesex see Drury v  Defontaine taunt Cooper v shepherd Dowl l c b a justification in trover that  the good be buy in market overt impliedly confess the allegation that they  helonged to the plaintiff ante cro James   in plead a sale in market overt it  be not necessary to allege the market to he in any certain person or that it  be not hold on a Sunday or that any toll be pay or that the vendor have a  special property in the good sell cro James Bl Rep Ant post hetley palm action  of trover of nine ox at Stepney in the county aforesaid August Elizabeth and  convertin g they to his proper use the same day at the same place c the  defendant plead that the will of Crawley in the county of Sussex be and time  whereof c be a ancient will within which hahetur el holding and time whereof c  have be hold one fair every year upon the that August for all the queen  subject thither resort et qubd ante temlgus quo c videlicet the say that  August Elizabeth one William white be possess of those nine ox and they to the  croak Elizabeth er p defendant for the say that August in open fair sell and  deliver whereby he be of they possess as of his proper good and they convert  at Stepney ill Middlesex the same day in the declaration prout c it be  thereupon demurrer first because the declaration suppose the property of those  good to the plaintiff and the defendant do not confess nor deny it nor answer  thereto but the court hold that his plea be good enough as to that for when he  justify by buy in a market overt it be thereby allow that the property be in  the plaintiff but he be bind by that sale and he need not otherwise confess it  second the prescription be allege that there have be a fair in that will and  he do not allege it to he in any certain person c but it be hold to be good  for he need not take conusance in who it be and so be the usual course of  plead in such case three he allege the prescription to he to hold a fair there  every year upon the that August and he do not except Sunday as it ought to he  say non allocatur for a fair hold upon the Sunday be well enough although by  the Henry c there be a penalty inflict upon the party that sell upon that day  but it make it not to he void fourthly it be not allege here that any toll be  pay for otherwise the property be not change Edward pl Henry pl d er say non  allocatur for it be not of necessity and in many will no toll be use to he pay  and if it ought it shall he show on the other part to avoid the sale that  there be not any toll pay Fif thly croak Elizabeth it be not alled ed that  William white be possess of those good as his proper good nor that he have any  property in they but general that he be possess of they and sell they say non  allocatur and notwithstanding these exception and other it be adjudge for the  defendant