chapman versus FLEXMAN vent sand Corylon v Lythebye see Danv Danv pl hard in a  action upon the case in b oh r the plaintiff declare that one Jo Specot  November day before be seize of the manor and burgh of Torrington and of seven  ancient water cornmill sufficient to grind the corn of the inhabitant within  the manor and burgh aforesaid for their necessary use and that the plaintiff  Ventris er p be the day aforesaid continue postea tenant at will to the say  Specot of the say seven mill and have the toll of corn which be ground in the  say mill during the time aforesaid to have to withhold and whereas all the  inhabitant of any ancient message within the manor and burgh aforesaid de jure  to withhold moler ad pd seven molend aliquan sive aliqd the dawn in all  respects of every sort grana svan infra mess Ventris pillage to weigh out ac  to loosen pro molitur ind rationab tolnetum and whereas the say chapman the  day aforesaid day before be occupier of a ancient message within the manor and  burgh aforesaid the say chapman the d of November c erect a certain mill  within the manor and burzh aforesaid and within his say message wherewith he  do grind diverse videlicet bushel of malt which he spend in his say house by  reason whereof the say Flexman lose the benefit of the toll of the say malt  which he shall have have ad damnum c the defendant plead not guilty and a  verdict be find for the plaintiff and judgement that he shall recover in b r  and the error now insist upon be that the plaintiff have not set forth any  title in his declaration to the toll or any custom or prescription for the  inhabitant of those ancient house to bring their corn to be ground there but  by the opinion of all the court the judgement give in the king bench be affirm  for it be sufficient to say in this possessory action that during the time  aforesaid he have and ought to have the toll and that the inhabitant to  withhold moler vide the case of dent and Oliver in cro vide rastall title  Molin in action sur Le case fol f n b for a ancient watercourse say to run to  become used note that of rastal cite by pollexfen chief justice it be say that  the inhabitant a toto tempore pillage moler to become used and the prior and  his predecessor be allege to be seize of the mill time out of mind so that  that precedent do not seem to warrant the judgement in this case