The reports of Sir Peyton Ventris Kt., late one of the justices of the Common-pleas in two parts : the first part containing select cases adjudged in the Kings-Bench, in the reign of K. Charles II, with three learned arguments, one in the Kings-Bench, by Sir Francis North, when Attorney General, and two in the Exchequer by Sir Matthew Hale, when Lord Chief Baron : with two tables, one of the cases, and the other of the principal matters : the second part containing choice cases adjudged in the Common-pleas, in the reigns of K. Charles II and K. James II and in the three first years of the reign of His now Majesty K. William and the late Q. Mary, while he was a judge in the said court, with the pleadings to the same : also several cases and pleadings thereupon in the Exchequer-Chamber upon writs of error from the Kings-Bench : together with many remarkable and curious cases in the Court of Chancery : whereto are added three exact tables, one of the cases, the other of the principal matters, and the third of the pleadings : with the allowance and approbation of the Lord Keeper an all the Judges.

Hayman versus Trewant.

TRin. 22 Car. 2. Rot. 710. In an Action upon the Case, for that the Defendant bargained with him such a day and year for the Corn growing upon such Ground, affirming it to be his own, whereas he knew it to be the Corn of J. S. and postea adtunc & ibid. fraudulenter vendidit & Warrant', &c.

The Defendant pleads, That the Plaintiff had another such Action depending for the same Cause, and demands Iudgment of the Writ.

The Plaintiff Replies, that that Action was commenced for ano∣ther Cause, and not for the same; absque hoc, that it was for the same Cause. To which the Defendant Demurs specially; because the Plaintiff having denied what the Defendant affirmed, ought not to have added a Traverse, but to have concluded to the Country: As the Case of Harris and Phillips, 3 Cro. 755. was Adjudged, Where in an Audita Querela, to avoid the Execution of a Recogni∣zance the Plaintiff sets forth, that it was defeazanced upon payment of divers Sums of Money at certain days; and that he was at the place appointed, and tendred the Money, and that the Defen∣dant was not there to receive it. The Defendant pleaded Pro∣testando, that the Plaintiff was not there to pay it, and that he was there ready to receive it; absque hoc, that the Plaintiff was ready to pay it.

Which being specially Demurred to, the Court held the Plea naught, and that there being an express Affirmative and Negative, there should have been no Traverse; for so they may traverse one upon another in infinitum.

Notwithstanding the Traverse was here held good, which was allowed for putting the Matter more singly in Issue: And it appears that Phillips's Case was Adjudged upon another matter; For that the Plea in Bar was not entred as the Defendant's Plea, but was entred thus: Pro placito Bush, a Stranger, dicit, Yelv. 38.

Then it was moved, That (as the Plaintiff hath declared) here it appears, that the Warranty was subsequent to the Bargain: For it is said, that he bargained for the Corn, knowing it to be the Corn of J.S. postea adtunc & ibidem vendidit, which is repugnant. Sed non allocatur; for where it is said first, That he bargained, that shall intended a Communication only, and the Consum∣mation of it after, when the Warranty was given, which is also said to be adtunc & ibidem. So alledged well enough.