case Wilcox against the servant OF sir full Skipwith replevin if the defendant  justify the take for a henot due upon every alienation without notice the  plaintiff may deny the henot be due upon alienation Mod Mod ld ray replevin  the defendant justify the take of the cattle for a henot which he allege to be  due upon every alienation without notice the plaintiff deny the henot to be  due upon alienation and thereupon issue be join the special verdict find the  tenure to be by fealty and the rend of S d though the defendant in his avowry  have allege the rend to be S d and the plaintiff in his bar to the avowry have  confess it to be so suit of court and a henot which be Payable upon every  alienation with or without notice and whether upon this special verdict  judgement shall be give for the plaintiff or the avowant be the doubt Jones  sergeant for the defendant say upon the point of plead it have be object that  the avowry be ill for ut ballivus c bene cogn deception in prediction loco c  but do not say tempore quo c for a henot tempore quo c modern be leave out and  so do not say a henot be due at the time of the take of the good but he answer  that that be usual and common and of that opinion be all the justice and so it  be hold good modern er p second it be far object that here be a variance  between the avowry and the find in the special verdict the avowant say that  the rend be twelve shilling and fourpence and the jury find that it be but  three shilling and a penny he also say that the henot be due upon every  alienation without notice and they find it due with or without notice but to  that be say the jury have doubt only of the last point for the avowry be not  for rend but for the henot so the substance be whether he have good cause to  distrain for the henot or not?And as to that the substance be sufficient find  like the case in dyer debt upon bind for performance of covenant and not to do  waste the breach assign be that the defendant fall twenty oak who plead non  macidit twenty quercus pillage nec earun aliquan the jury find he cut down ten  yet the plaintiff recover for though the entire allegation of the breach be  not find because ten do not prove the issue of twenty literal yet the  substance be find which be sufficient to make the bind forfeit so in trespass  where the plaintiff make a title under a lease which commence on ladyday  habendum a jesto c and the issue be non to send down modus et fmnid the jury  find the lease to be make upon ladyday habendum b confectioner and so it  commence upon ladyday and not a jesto c which must be the day after the feast  yet it be adjudge for the plaintiff because the substance a more Yelv say get  b   ld ray a be whether or no the plaintiff have a lease to entitle himself to  commence a action hob but in ejeclnent or replevin such a declaration have be  nought because therein you be to recover the term and therefore the title must  be true set out and in replevin you be to have a relorno to have but in  trespass it be only by way of excuse a second reason be because both plaintiff  and defendant in plead have agree the matter in this particular for both say  the rend be twelve shilling and fourpence it be a rule in law that what the  party have agree in plead shall be admit ass pl Edward barn b though the jury  find otherwise juror be not bind by estoppel ad dicend verilatem for they be  swear so to do unless the estoppel be within the same record but here modern  that which be confess can be matter of issue not be lie call to witness it  have be object that in the yearbook of Henry pl b the plaintiff bring debt for  twentypounds the jury find the defendant only owe ten pound and the plaintiff  can never recover but that must be intend of a debt due upon contract and  there the least variance will be fatal Henry ph as to the second variance it  be not material for it be not true as the avowant have say for if the matter  in issue be find the find over be but suqlusage both the verdict and the  avowry agree that the defendant may take a distress in case of alienation  without notice and so be pray judgement for the defendant the court be all of  opinion that judgement shall be give for the defendant for what be agree in  plead though the jury find contrary the court be not to regard and here the  substance of the issue as to the second point be well find for the defendant  Atkins justice tell sergeant Wilmot who argue for the plaintiff that he have  cite many case which come not up to the matter and so do great attempt trifles  field for which reason I have not report his argument