case swain and other against Stephens Hilary term car roll question Philpott v  Kelley ad e in trover and conversion the plaintiff may reply to a plea of the  statute of limitation that the defendant transport the good beyond the sea by  consent and that he afterward convert they to his own use and remain in part  beyond the sea by reason of which the plaintiff can not sue he S C Jones term  Rep trover be a action within the statute of limitation post Jones Mod Bac Abr  quaere if the statute of limitation operate while a debtor be abroad lev Carth  Mod show vern will see Com dig request and nondelivery of good sell abroad be  a due conversion of they when the defendant come to England vide post a  variance in the replication from the declaration in a immaterial matter be no  departure Com dig trover and conversion of a ship and nine piece of and  declare that march James he be possess of and the same day lose they which  come to the defendant hand who October car convert they to his proper use the  defendant plead the James c of limitation of action and that the march James  causan act to grow progressively so as not only three year and more be incur  since the parliament but also six year after the conversion before any action  commence et hoc c the plaintiff reply that they be possess of the say ship as  of their proper good and so be possess before the march James videlicet I  march James they agree at London aforesaid in parochian et warda prediction  that the say defendant as their servant shall transport the say ship and good  to t in Spain be part beyond sea and shall afterward restore croak car er p  they to the plaintiff upon request whereupon the defendant take the say ship  the say I march James transport her to the part beyond sea videlicet to t and  march James there sell the say ship and good to person unknown and convert  they to his proper use and that the defendant after the say conversion remain  in birth beyond sea usque may I car by reason of which stay they can not sue  he per law terrae and that may car be croak car return whereupon the first of  October car at London they require he to deliver the say ship and good which  to do he refuse but the say ship and good ad tunc et ibidem convert and  dispose prout superius to hold together et hoc c and upon this replication the  defendant demurrer henden sergeant move that this action of trover be not  within the statute but be omit for although at the first the word be action of  debt detinue action upon trover account c shall be bring within the time after  limit yet in the perclose action of trover be not mention but all the court  conceive although action of trover be not mention in the perclose yet the word  be that action upon the case shall be bring within six year and action for  word within two year in those general word of action upon the case the action  of trover be imply wherefore it be not allow second admit the defendant be  beyond sea for six year after the conversion and do not return into England  the question be whether the plaintiff have not liberty to bring the action at  any time within six year after his return for the proviso be on the part of  the plaintiff if he be over the sea at the time of the cause of action that be  shall have time after his return and by the same equity it shall be so where  the defendant be over the sea and can be sue but that point the court do not  resolve a three if this request and nondelivery after his return be not a new  conversion and cause of action so that although he be bar before by the  statute of limitation whether he shall not be hereby restore to that action  and Jones and Whitlock conceive that he shall and that it may be well intend  the good come to his hand again after his sale and the demand they of he and  his denial and conversion be good cause of action but I doubt thereof fourthly  it be urge that here the replication be a departure from the declaration for  by the declaration the plaintiff suppose a casual loss and a trover by the  defendant I march James but in the replication they suppose a agreement to  transport the say ship and good and afterward to restore they to the plaintiff  and that the defendant sell and convert they to his own proper use the twenty  of march James and so a variation between the declaration and replication in  the time and manner how the defendant have they also by his own confession the  conversion be make above six year before the action bring b