
    Harrison vs. Peck.
    CASE. The plaintiff declared that he was seized in his demesne of a house and meadow, and he, and they whole estate he had in the house, had, time out of memory &c. had a way from the house to the meadow, and that he had also a way from the house to the King’s highway, adjoining the said house, and over the defendant’s close; the defendant obstructed him therein. The defendant pleaded that he holds the close free of such a way, and traverses that the plaintiff had such a way, and there was a verdict pro quærente. It was moved now in arrest of judgment.
    1. That the plaintiff prescribes for a way to his house, without saying an ancient house: for in prescribing in a city, one ought to say quia est antiqua civitas. Dyer 70, he ought to say an ancient park, so in this case he ought to have alledged that it was an ancient house, whereupon the defendant, might have taken issue; and the declaration ought to be certain to all intents.
    2. On account of the uncertainty of the way. It is said a way from the house to the highway, without saying where the highway is or leads.
    But on the other side, it was answered that there is a difference between a prescription which is personal and a custom which is local. Therefore it is sufficient in a prescription to say time out of memory, he had such a way, which implies that it is an ancient house. 3 H. 6. 31. 20 H. 6. 7. And a prescription being found in a verdict, it is well enough. 37 H. 6. 3. 39 6. 6. 20. Ass. 18. Antient Book of entry. 492. It shall be intended that the highway is on the same street or near to it.
   Doderidoe,' J.

The declaration might have been better: and the only question now is, whether the verdict has not cured *the defect: for otherwise it will not do. Dyer 70. 7 H. 6. 32. 7 E. 4. 2. 15 E. 4. 29. 22 H. 6. It seems, to me the verdict has cured it.

Crew, C. J. I think so.

Jones, J. and Whitlock, J. gave their opinions at Reading; laft Mich. Term.

And now judgment was entered for the plaintiff. 3 Bulstr. 334. Bendl. 160. Poph. 158. Palmer 420.  