#### *Gerrard vs. Norris.

Pasch. 1 Car.

In trespass on not guilty, there was a special verdict: that the plaintiff was in under an elegit, by which the land was extended; judgment being Crastin. Trin. 15 Jac. which was the 20th of June &c. The defendant, claimed under a statute acknowledged the same term, but before the judgment, viz. the 2d of June. I have heard that it was adjudged that the plaintiff had the best right, for he claimed under a judgment, and all the term is in law, but one day.

Jones, J.

said, that if lessee at will, makes a lease for years, and enters, it is a disseisin at the election of him, who has the free tenement. 3 Cro. 102.