case honeywood against husband a action by a lessee for year for disturbance  of common must show the right and interest of the lessor and that the lessee  have a distinct title dougl ante Com dig   light a post Com dig ante action  upon the case for disturb he of his common appendant to his land and declare  that a be seize of time r croak Elizabeth land for life remainder to b in tail  remainder to the right heir of b and that time out of mind c they have common  in this land for themselves farmer and tenant and that the say a and b let the  land to he for the rs whereupon he put in his cattle and be disturhed c after  judgement give against the defendant upon nothing to say and a writ award to  epquire of damage and return pepper move diverse exception to the declaration  the judgement be the same term first he cause he show not how the particular  estate begin Edward the case of a corody second the prescription can be by the  particular tenant and here he join the particular tenant and the remainder  three he count that the articular tenant and he in the remainder do demise  whereas it be but the confirmation of he in remainder fourthl that he do not  aver the life of the tenant for life topham contra and he move that inasmuch  as the judgement be give before and a writ of enquiry of damage no exception  can he take to the declaration upon which judgement be give but the court hold  the contrary for no absolute judgement be give for upon the writ of enquiry of  damage return a new judgry ent be to he give which be the perfect juOament  before which any thing may he show to stay judgement and against the declare  known lon and so it be rule and as to the first exception topham say it be not  material for it be but a conveyance to the action and he be a stranger to the  estate Henry pl second the prescription be good for the particular estate and  the remainder be but one estate three it be the lease of both Henry pl h  fourthly the life of the tenant for life needs not to he aver for it be the  lease of one that have the inhere itance gawdy hold the count good Wray chief  justice the three and four exception be not material but for the first the  count be not good for the plaintiff must sufficient entitle and enable himself  to the action which he pretend to he hecau e of his interest in the land and  then he must show sufficient right and interest in his lessors and to the  second he ought to make distinct title to the common and not confound they as  he have by adjournatur