Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

The same Term in the same Court. Sparrow versus Sherwood.

IN Trover and Conversion of two loads of Fitches of certain Land &c. The Defendant justifie by the command of Hare, to whom part of the Land belongs; and to one Pots, to whom another part in right of the Lady his Wife belongs, and shews that part of the Fitches did grow upon the Land of one, and part upon the Land of the other, and upon this the Plain∣tiff demurs:

1. Because he justifies by the command of two generally, and he cannot justifie upon the Land of the one by the command of the other, and therefore he ought to have alledged severall commands.

2. Because he does not shew particularly upon whose Land the Fitches grew, but that part grew upon the Land of one, and part upon the Land of the other, which is incertain.

3. Because the Wife of Pots is called by the name of Lady, and the Wife of an Esquire cannot be a Lady: Doderidge and Whitlock onely present, for the first were of opinion, that it was good enough; for al∣though it were a joynt command, yet the parties commanding having seve∣rall titles, it shall be taken as severall commands, reddendo singula singulis: and for the third it is good enough, being in a Plea, otherwise, if it had been in a Writ: But for the second Exception, the bar is not good enough, because incertain, so that although upon other Exceptions moved by the Defendant, the Replication of the Plaintiff was not good, yet the Defendants Bar being ill, the Plaintiff shall have Iudgement upon t••e Declaration: And the Plaintiff had Iudgement accordingly.