Bulstrode boundary paschae car banc king SHURY plaintiff against piggot  defendant enter Termin Hillar car b r rot see Dalton v Angus App Cas Bradford  corporation v Ferrand Ch a action upon the case Poph Jones Rep latch Noy be in  a action upon the case for stop of a watercourse which have use to have its  current from such a place through such a place and so to come into the  Bulstrode er p plaintiff yard and there to fill and supply a pond with water  for the necessary water of his cattle that the defendant have erect a  stonewall and so have stop this that the plaintiff want his water and be by  this dadadamnify the defendant plead in bar a unity of possession in the land  of the house and place to which and of the land through which and of other  land of which c the only question move and insist upon be whether this unity  of possession will extinguish this watercourse or not this case be argue at  the bar and much debate and for further argument the same be adjourn to  another time afterward S termin mich car r b r this case be move again and  urge that by this unity of possession the watercourse be not extinguish and  for this purpose coke Q pars Terringhams case h fol profit apprender extinct  by unity e fol a way extinct by unity h fol a warren not extinct by unity he  may hawk in his own land Elizabeth dyer fol Elizabeth dyer fol h fol the case  of the gutter not extinct by unity as it be jged Termin Hillar Elizabeth b r  rot a case between Herneden and crouch be urge that service of enclosure  extinct by unity and Elizabeth Harringtons case be urge in which it be adjudge  that service of enclosure shall be extinct by unity of possession and not to  be afterward revive Hillar Q James b r Jourden against atwood the case of a  way adjudge to be extinct by unity as it be urge and not to be revive e fol  common extinct by unity h fol a way extinct by unity Bulstrode dodderidge  justice if I have a mill and a watercourse unto it he sell the land he shall  not stop the water be matter of necessity and not like unto the case of the  way therefore not to be extinct by unity because of necessity and the same  have a continual run the reason of the case of enclosure urge be because the  prescription there be interrupt and therefore all go and extinct and so it be  adjudge James the whole court at this time seem to be clear of opinion that  the watercourse here be not extinct by the unity of possession there be a  great difference between this case and the case of the way Whitlock justice  the course of a spring be a natural course and current and to stop this may be  a nusans to the commonwealth and a private wrong afterward this case be argue  at large by all the four judge term mich car r b r who all agree in opinion  that judgement ought to be give for the plaintiff and that the watercourse in  this case be not extinct by the unity of possession Whitlock justice there be  a difference between a way a common and a watercourse Bracton lib Q f call  they slavery praedials these which begin by private right by prescription by  assent as a way common be a particular benefit to take part of the profit of  the land this be extinct by unity because the great benefit shall drown the  less a watercourse do not begin by prescription nor yet by assent but the same  do begin ex jure nature have take this course natural and can be avert Jones  justice this watercourse be not extinct by the unity of possession the same be  a thing which arise out of the land and no interest at all by this claim in  the land but quod to run to use this way and so to have continuance of this  dodderidge justice agree herein that this watercourse be not extinct by the  unity of possession because the nature of this be to be current because it be  also a thing of necessity for the water of cattle and a thing which of  necessity be to have continuance the same not to be extinct by a unity of  possession as common appendant to arable land for cattle of the blow and  because appendant unto ancient arable land S hide gaigne to be only for cattle  S chivals beofes for to blow the land and for cow and sheep for to compester  the land as to the case of way if they be private way they be extinct by unity  of Bulstrode er p possession but not so if they be way of necessity as to the  church or to the market and so be Pophams opinion in his time upon this  difference where a way shall be extinct and where not by a unity of possession  the case of the watercourse be upon the like reason h fol a notable case there  of the gutter the reason there give because matter of necessity where one have  a gutter run within the tenement of another do purchase the tenement the  gutter remain not extinct this be as necessary as it be before another reason  may be draw from the nature of water the which will natural descend and will  make a way for its passage if stop it be not possible to have such to be  extinct by a unity of possession coke Q pars Luttrels case of the mill and the  case of the dyhouse no mill nor dyhouse can subsist without water Bulstrode  crew chief justice agree herein that this watercourse be not extinct by the  unity of possession this case differ from the case of way and common appendant  coke Q pars fol in Tirringhams case resolve that a common appendant be extinct  by a unity of possession and so it be of every profit which one have out of  land and so be e fol the whole court agree in the principal case that the  watercourse be not extinct by the unity of possession and accord by the rule  of the court the defendant plea in bar be not good judgement be give for the  plaintiff roll er p roll report volume Le report de henry roll sergeant delLey  de diverse case en Le court deal bank Le roy en Le Temps deal reign de roy  jaques Colligees par ill mesme Imprimees par lOriginal roll paschae XII James  in banc king