the life of P.

the clofes

with corn, &c. and be

fit for reap

ing, P. K.

fendant

to the faid

the faid Peter Knight and the faid Jofeph fhould please, and the eftate and intereft of the faid Peter Knight in the fame premifes fhould continue; by virtue whereof the faid Jofeph afterwards, By virtue (to wit) on the third day of February, in the faid year of our wheref Lord one thousand feven hundred and fixty-feven, entered into tered and was the faid clofes in which, &c. with the appurtenances, and was poffeffed, Whitley enpoffeffed thereof; and being fo poffefled thereof, he the faid and during Jofeph, before any of the faid times when, &c. and during the f lite-time of the faid Peter Knight, (to wit) on the first day of and fowed K. ploughed February in the year of our Lord one thoufand feven hundred and fixty-eight, ploughed the faid clofes in which, &c. and fowed the fame with corn, (to wit) wheat, rye, barley and oats; fore the fame and the faid Jofeph Edward Whitley, and Peter Bennett, was ripe, and further fay, that after the faid Jofeph had fowed the faid clofes in which, &c. with corn as aforefaid, and before the faid corn died, where was ripe, and fit for reaping and cutting, (to wit) on the twen- upon his faid tieth day of March, in the faid feven hundred and fixty-eight, the faid Peter Knight died, (to ceafed, and year of our Lord one thoufand demife to de wit) at the parifh aforefaid; and thereupon the faid demife, fo he delivered: made by the faid Peter Knight to the faid Jofeph as aforefaid, up poffeffion ceafed and determined; and the faid Jofeph, on the fame day and plaintiff, to year laft aforefaid, quitted and delivered up the poffeffion of the whom the faid closes, in which, &c. to the faid John Johns, to whom the fame be fame then belonged; and the faid Jofeph Edward Whitley, and Peter Bennett, further fay, that in the time of harveft then the corn was next following, and as foon as the faid corn was ripe and fit for ripe, the reaping, (to wit) at the faid feveral times when, &c. he the defendants faid Jofeph in his own right, and the faid Edward Whitley and entered, and Peter Bennett, as his fervants, and by his command, entered into and fo excufe the faid feveral clofes in which, &c. and by the ufual ways there the trefpals, in order to cut down, mow and reap the faid corn, and did by taking the then cut down, mow and reap the fame; and alfo did enter into the faid feveral clofes in which, &c. with the faid cattle, carts, waggons and other carriages, in the faid declaration mentioned, in and by the ufual way there, in order to carry away the fame corn, and did carry away the fame; and, in fo doing, they the faid Jofeph Edward Whiley, and Peter Bennett, neceflarily and unavoidably did tread down, fpoil and confume a little of the grafs there then growing, with their feet in walking, and with the faid cattle in the faid declaration mentioned; and the faid cattle did by ftealth, and against the will of the faid Jofeph Edward Whitley, and Peter Bennett, fnatch and eat up a little other of the grafs there then alfo growing; and the faid Jofeph Edward Whitley, and Peter Bennett, on that occafion, with the wheels of the faid carts, waggons and other carriages in the faid declaration mentioned, neceffarily and un

K 2

avoidably

longed.

And when

reaped, &c.

emblements:

fam: break

ing, &c.

avoidably did a little tear up, turn up, fubvert and fpoil, the foff of the faid clofes; doing as little damage, on that occafion, as which is the they poffibly could: which are the fame breaking and entering the faid clofes in the faid declaration mentioned; and treading down, confuming and fpoiling the grafs there lately growing, with feet in walking; and eating up, treading down, confuming and fpoiling the other grafs there alfo lately growing, with the faid cattle in the faid declaration mentioned; and with the wheels of carts, waggons and other carriages, tearing up, turning up, fubverting and fpoiling the foil of the faid clofes, whereof the faid John Johns han above complained against them; and this they are ready to verify: wherefore they pray judgment, if the faid John Johns ought to have his aforefaid action thereof againft them, &c.

Replication

to the plea
fecondly in

bar, as to part
of the tref-
pafs; viz.
Wall park
and the three
pieces.

Confeffes

J. Glynn.

And the faid John Johns, as to the faid plea of the faid Jofeph Edward Whitley and Peter Bennett, fecondly above pleaded in bar, as to the faid breaking and entering the faid clofes called Wall Park, and Three Pieces, otherwife The Three Pieces, parcel of the faid clofes in the faid declaration mentioned, and in which, &c. and treading down, confuming and spoiling the grafs there lately growing, with feet in walking; and eating up, treading down, confuming and fpoiling the faid other grafs there alfo lately growing, with the faid cattle in the faid declaration mentioned; and with the wheels of carts, waggons and other carriages, tearing up, turning up, fubverting and fpoiling the foil of thofe clofes above done, fays, that he, by any thing above in that plea alledged, ought not to be barred from having his aforefaid action thereof maintained against them; because he fays, that true it is, that the faid Chriftopher Harris Efq.was feifed in his demefne, as of fee, of and in the faid clofes in this replication above particularly mentioned, parcel, &c. and in which, &c. and demifed the fame to the faid John Knight, for the faid term in the faid plea in that behalf mentioned, commencing and determinable as therein is mentioned; and that the faid Edward Mitchell afterwards died, and that, of the clotes upon his death, the faid eftate fubfifting, of and in thofe clofes, in which, &c. parcel, &c. in which, &c. at the time of the making of the faid demife to the faid John Knight ceafed and determined; and that the faid John Knight entered upon thofe faid clofes, parcel, &c. and in which, &c. and was poffeffed thereof for the faid term, fo thereof demifed to him as aforefaid, determinable as aforefaid; and being fo thereof poffefled, the faid Mary Knight died; and that the faid John Knight being fo poffeffed of the faid clofes above in this replication particularly mentioned, for the

that C. H. was feifed in fee, and all

the rest of the time of de

plea to the

livering up poffeffion to the plaintiff

term

that in the

term aforefaid, determinable as aforefaid, he the faid John Knight made his laft will and teftament in writing, and thereby conitituted and appointed the faid Peter Knight executor thereof, and afterwards there died, fo poffeffed of thofe clofes, parcel, &c. and that by means of the faid premifes the faid Peter Knight entered into thofe clofes, parcel, &c. and in which, &c. and was poffeffed thereof for the refidue of the faid term, determinable as aforefaid; and being fo poffelfed thereof, he the faid Peter demifed the faid clofes above in this replication particularly mentioned, in which, &c. parcel, &c. with the appurtenances, to the faid Joseph; and that, by virtue thereof, the faid Jofeph entered into thofe clofes, parcel, &c. in which, &c. with the appurtenances, and was thereof poffeffed; and being fo poffeffed thereof, he the faid Jofeph, during the life-time of the faid Peter Knight, ploughed thofe clofes, and fowed the fame with corn; and that after the faid Jofeph had fo fown the fame with corn as aforefaid, and before the faid corn was ripe and fit for reaping and cutting, the faid Peter Knight died; and that thereupon the faid demife, fo made by the faid Peter Knight to the faid Jofeph as aforefaid, ceafed and determined; and the faid Jofeph quitted and delivered up the poffeffion of thofe clofes to the faid John Johns, to whom the fame then belonged, as the faid Jofeph Edward Whitley, and Peter Bennett, have above in the faid plea in bar alledged: but the faid But plaintiff John Johns further fays, that in and by the faid indenture of further fays, leafe from the faid Chriftopher Harris to the faid John Knight faid leafe above mentioned, it is amongst other things provided, that if the from C. H. faid John Knight, his executors, adminiftrators or affigns, fhould to J provided, that fet or let the faid premifes thereby demifed, or any part thereof, if the faid to any person or perfons, otherwife than from year to year, (and J.K. fhould that only to paure, and not to tillage) without licence in writ- let the preing from the faid Chriftopher Harris, his heirs or affigns, first wife than had and obtained, that then and from thenceforth it fhould and from year to might be lawful to and for the faid Chriftopher Harris, his heirs year, and that or affigns, into the faid thereby demifed premises with the ap- ture, and not purtenances, to re-enter, and the fame to have again, retain, to tillage, it re-poffefs and enjoy, as in his and their former right and eftate; fhould be the faid indenture, or any thing therein contained to the con- H. and his trary in any wife notwithstanding; as by the faid indenture heirs, &c. to (relation being thereunto had) may at large appear. And the re-enter. faid John further, fays, that the faid Chriftopher Harris, after the And the making of the faid indenture, and long before any of the faid plaintiff fut times, when, &c. (to wit) on the fecond day of October, in the the faid C. H. year of our Lord one thoufand feven hundred and twenty-two, after making at the parish aforefaid, being feifed in his demefne as of fee, the faid leafe, of and in the reverfion of and in the faid feveral clofes in which, c. with the appurtenances, fubject to the faid demife therof, times when, feifed in fee of the reverfion, made his will, and devised the fame to one W. H. in fee; and afterwards died fo feifed;

mifes other

only to paf

lawful for C.

ther fays, that

and before.

any of the &c. being

H. became

feifed, and before the

when, &c.

duly made his laft will and teftament in writing, and thereby gave and devifed the faid reverfion of and in the said clofes in which, &c. amongst other things, with the appurtenances, to one William Harris, to hold the fame with the appurtenances, to him the faid William Harris, and his heirs and affigns for ever; and afterwards, and long before the faid first time when, &c. (to wit) on the first day of May, in the year of our Lord one thousand feven hundred and twenty-three, at the parish aforefaid, he the faid Chriftopher Harris died fo feifed of fuch his faid eftate of and in the faid reverfion, with the appur whereby W. tenances, without revoking or altering his faid will; upon whofe death, the faid reverfion, with the appurtenances, by virtue of the faid devife, came to the faid William Harris, and the faid faid first time William Harris thereupon became and was feifed in his demefne as of fee, of and in the faid reverfion, with the appurtenances; and being fo feifed thereof, he the faid William Harris afterwards, and long before the faid first time when, &c. (to wit) on the 28th day of September, in the year of our Lord one thousand feven hundred and twenty-fix, at the parifh aforefaid by a certain indenture of bargain and fale, then and there made between the faid William Harris of the one part, and the faid John Johns of the other part, (one part of which faid laft mentioned indenture, fealed with the feal of the faid William Harris, he the faid John Johns now brings here into court, the date whereof is the fame day and year laft aforefaid for and in confideration of a certain fum of money therein mentioned to have been paid to him by the faid John Johns, bargained and fold the aforefaid reverfron, (amongst other things) with the appurtenances, to the faid John Johns; to hold the fame to him the faid John Johns, and his affigns, from the day next before the day of the date of the faid indenture of bargain and fale, for and during, and unto the full end and term of one whole year, from thence next enfuing, and fully to be compleat and ended, as by the faid indenture of bargain and fule, (relation being thereto had) may more fully and at large appear; by virtue of which faid bargain and fale, and by force of the ftatute made for transferring ufes into poffeffion, the faid John Johns, then and there became and was poffed of the faid reverfion, with the appurtenances, for the faid term, to him thereof bargained and fold as aforefaid, the for that term, further reverfion thereof, with the appurtenances, belonging to and being fo the faid William Harris, his heirs and affigns; and the faid John poffeffed, the Johns fo being thereof poffeffed, and the faid further reverfion, with the appurtenances, fo belonging as aforefaid, afterwards, and long before the faid firft time when, &c. (to wit) on the the plaintiff, 20th day of September, in the year laft aforefaid, at the parifh aforefaid, by a certain indenture of releafe then and there made

bargained and fold to the plaintiff,

to hold for one year,

by virtue

whereof, and

the ftatute of uses, the

Plaintiff was

poffeffed of the reverfion

faid W. H.

releafed the premises to

in fee;

between

the ftatute of

time of the

between the faid William Harris of the one part, and the faid John Johns of the other part, (one part of which faid laft mentioned indenture, fealed with the feal of the faid William Harris, he the faid John Johns now brings here into court, the date whereof is the fame day and year laft aforefaid) for and in confideration of a certain fum of money therein mentioned to have been paid by the faid John Johns to the faid William Harris, he the faid William Harris did releafe unto him the faid John Johns, his heirs and aligns, the faid further reverfion (amongst other things) with the appurtenances; to have and to hold the fame unto him the faid John Johns, and his heirs and aligns for ever, to and for the only proper ufe and behoof of the laid John Johns, his heirs and affigns for ever; as by the faid indenture of releafe, (relation being thereto had) may more fully and at large appear; by virtue whereof, and by force of the by virtue flatute for transferring ufes into pofleflion, the faid John Johns whereof, and became and was feifed as of fee, of and in the iaid whole reverfon, with the appurtenances; and from thence, until and at the uies, plaintiff was feiled in time of the determination of the faid.demife of the faid feveral fee; and was clofes in which, &c. to the faid John Knight, was and continued fofeifed at the fo feifed thereof, immediately from and after the determination ending of the of the demife of the faid feveral clofes in which, &c. to the faid leafe to the John Knight became and was, and yet is feiled in his demefne faid J. K, as of fee, of and in the faid feveral clofes in which, &c. and the and that P. K. faid John Johns further fays, that the faid Peter Knight, at the had no licence tune of the making of the faid demife by the faid Peter Knight from C. H. to to the faid Jofeph, in the faid plea mentioned, or at any time to defendant before or afterwards, had not any licence in writing from the faid Whitley to Chriftopher Harris, his heirs or affigus, to fet or let the faid tillages fo feveral clofes in which, &c. or any part thereof, to the faid - wrongfully Jeph, or any other perfon or perfons, to tillage; and that there- ploughed, &c. fore the faid Jofeph, at the laid time in the faid plea in that and that the behalf mentioned, at the parish aforefaid, wrongfully and in- their own juriously ploughed the faid clofes in which, &c. and fowed wrong did the fame with corn; and that he the faid Jofeph, and part of the the faid Edward Whitley and Peter Bennett, after fuch fow-trefpafs in the ing, and after the death of the faid Peter Knight, (to wit) at the faid feveral times when, &c. of their own wrong broke and entered into the faid feveral clofes in which, &c. and trod down, confumed and fpoiled the grafs there growing, with feet in walking; and eat up, trod down, confumed and spoiled the faid other grafs there alfo growing, with the faid cattle in the faid declaration mentioned; and with the wheels of carts, waggons and other carriages, tore up, turned up, fubverted and spoiled the faid foil of thofe clofes, in which, r. in manner and form as the faid John Johns hath above in

let the clefs

that Whitley

defendants of

declaration.