clxxxii berry and goodman case in a ejection strong upon a special verdict the  point be one intrude upon the possession of the queen into land in Kisgrave in  Suffolk and during this intrusion the queen grant these land to a b by her  letter patent and the patentee before any entry make in the say land grant the  same over some hold that the grant be good for the intruder have gain nothing  against the queen and by the grant of the queen and the assignment over  nothing accrue to he and where a man have possession of land his continuance  therein can gain to he any interest or increase his estate without some other  act do of late time if the guardian do continue in possession after the full  age of the heir he be not a seize nor have any great estate in the land and  upon the book of e this case be collect the tenant of the king die his heir  within age a stranger intrude the heir at full age sue his livery out of the  king hand the intruder die in possession the same descent shall not take away  entry coke contrary the intruder can be tenant at sufferance for at first be  enter by wrong and none can be tenant at sufferance but be who come in by  title and it be clear that the intruder by his first entry do not gain any  estate in possession upon which he can have a action of trespass but after the  grant of the queen he have present fee by wrong h a stranger enter upon the  king to which he have right in the right of the ware yet the freehold do  remain in the heir and he Leonard er p say that if a levy a fine to b sur  conusans de law c now the conusee have possession in law but not in fact and  if before the entry of the conusee W enter and die seize be have no remedy for  he have not possession in fact so as be may have a assize or a action of  trespass so the law be now take a devise his land to b and die and a stranger  enter and die seize before any entry by the devisee now be the devisee without  remedy and here in our case the intruder have not gain any possession in the  land by his intrusion no more than if the king give land to one in fee and  before the patentee enter a stranger enter now can the patentee grant it over  if be do not reduce the estate by entry see dyer and Elizabeth the queen seize  of the manor of Beverley a stranger erect a shop in a vacant plate of the  manor and afterward take the profit of it without pay any rend for the same to  the queen and afterward the queen grant the manor to the earl of Leicester and  he never enter into the say shop nor take any rend for the same and afterward  the occupier of the Leonard shop die in possession and his son and heir enter  and the better opinion be that the same be not a descent against the patentee  because at the first it be not a seize against the queen another question be  move as to a pathway then in question and the jury find that one side of the  pathway be the land of the parson of the church and the other side the  churchyard and pray the opinion of the court therein to who the interest of  the pathway do belong to which it be say by the court that that ought to be  find by the verdict for although that both be the freehold of the parson yet  the soil of the pathway may be convey by a express grant unto another but the  court seem to incline that the soil of the pathway do belong to he who have  the land on both side and that be the case as well of a highway as of a  pathway and it be also good evidence to prove such matter who have use to cut  down the tree or to cleanse the way owe before cro owe p Elizabeth n curian  ware Garberys case ace Elizabeth in the court OF ware