Bunbury benton v olive June bill by a impropriator for tithe hay defendant do  not deny plaintiff title but set up exemption so defendant must first prove  his exemption decree refuse to be read because not prove to be touch the same  land or title minister account in h permit to be read a deed year old prove  itself and plaintiff deed riot prove where he have it or how he come by it a  deed year old do not prove itself a verdict refuse to be read because not  prove to be touch the same land bill by the impropriator of Bromley saint  Leonard in the county of Middlesex for tithe hay c the defendant in his answer  do not deny the plaintiff title but insist upon exemption as be parcel of one  of the large abbey which come to the crown by the stat Henry now upon hear the  cause the lord chief baron think that wonder livre ere the defendant admit the  general right and insist only upon his exemption such admission be sufficient  to put the defendant upon prove his exemption and the plaintiff although a lie  impropriator be under no necessity of prove payment of tithe to he dly a  decree in be offer to be produce in evidence wherein the then impropriator be  plaintiff and semain defendant and wherein the plaintiff title be affirm but  the court will not permit this decree to be read because the now plaintiff can  not show that the defendant claim either the same land or under the same title  as semain dly it be object for the plaintiff that the defendant produce  minister account in Henry be not sufficient be subsequent to the stat Henry  but that he ought to show the surrender or when it come to the crown but this  objection be overrule Bunbury thly a deed be produce by the plaintiff date  that of march and it be admit it be old enough to be read without proof but  baron carter object that the plaintiff shall give some account how he come by  it but the lord chief baron say he can not see the use of that and it will be  very inconvenient for then there must have be a interrogatory to prove this  matter by deposition for it can not be inquire into on the order to prove  exhibit and the deed be read at last but by consent though the rest of the  baron seem to be of opinion with the lord chief baron thly another deed in be  offer but object to by the defendant as not be old enough to prove itself and  per curian this deed be not admit to be read for though sometime thirtyfive or  even thirty year have be think sufficient yet not where it be object to but  the usual rule be forty year thly the plaintiff have bring a action against  the defendant upon the stat Bunbury er p Edward and obtain a verdict which he  offer now in evidence but it be oppose because this be a matter which happen  after issue be join in this court and the plaintiff not be able to prove that  that trial be for the same land the court refuse to admit it notam at last the  bill be retain for a year and the plaintiff to be at liberty to bring his  action in the mean time