[10] The case concerned a claim of trespass by Henry Mellor against John Spateman[11] on a common field of some 20 acres in Derby, called Littlefield.

[12] It was claimed that the defendant forcibly entered the close[note 2] and allowed horses, bulls, swine and sheep to consume and tread down the grass.

In particular, the defendant relied on said corporation being permitted to have other names, such as "bailiffs" and "burgesses", which extended the right to graze commonable cattle in the pasture at Littlefield.

[13] The question was raised as to whether cattle which did not belong to the corporation could feed on the common and consume the fruit of the land - in this case, the grass.

[12] The court found for the plaintiff because the defendant's plea was deemed to be bad for having omitted the words "levant and couchant within the town".