Mich. 18 Jac. Clerk versus Wood.
CLerk brought an action upon the case against one Wood,* 1.1 alias War∣ren, and count that he was seised of an house and twenty acres of land, &c, in Thursfield; and that he and all those whose Estate he hath, have had a Common in seven acres in Thursfield; And that he and all those, &c. have had one way leading through the said seven acres,* 1.2 and from thence into one Common way leading to Buntingford, and from Buntingford to Blakeley: And that the Defendant had plowed and turned up the seven acres, and estopped the way. The Defendant plea∣ded not guilty, and the Venire facias awarded de Tursfield. And it was moved in Arrest of Iudgment by Serjeant Jones, that it ought to be from all the Towns through which he claim his way, for he ought to prove it in evidence, viz. that he had a way, or otherwise he is not endamnified. But it was resolved that the tryall was good, for Not guilty is properly a deniall of trespasse and disturbance; and though