Selected quad for the lemma: life_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
life_n	estate_n	land_n	tenant_n	4,546	5	9.9060	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26015	The law of obligations and conditions, or, An accurate treatise, wherein is contained the whole learning of the law concerning bills, bonds, conditions, statutes, recognizances, and defeasances ... : to which is added a table of references to all the declarations and pleadings upon bonds, &c. now extant : also another table to the forms of special conditions which lie scattered in our president [sic] books ... : with an index of the principal matters therein contained / by T.A. of Grays-Inn, Esq.	Ashe, Thomas, fl. 1600-1618.	1693 (1693)	Wing A3972; ESTC R9431	276,581	591

performance of Covenants the Breach ought to be more precise and particular than Actions of Covenants because of the Penalty yet if what is material and the substance of the Covenant be alledged it may suffice as a Covenant was that the Defendant a Bayliff should not let at large any Prisoner that should be arrested without Licence of the Plaintiff an Under-Gaoler The Breach was that the Defendant had let at large at Westminster sans licence c. such an one who was arrested but shews not the place or time of the Arrest Per Cur. he need not the Escape being the material part of the Covenant Siderfin H. 12 Car. 2. f. 30. Jenkins and Hancocks Debt by a Brewer on a Bond to perform Articles against his Clark one was that the Defendant should deliver such Ale and Beer weekly as should be delivered unto him to such Customers as he had in his Charge and to receive the Monies due for the same and should accompt with the Plaintiff every Saturday weekly for such Monies he should receive for Breach the Plaintiff assigns that the Defendant did not account with him for such Monies as he had received on Saturday the 25th c. Verdict pro Quer. Judgment was arrested for the Breach was uncertainly alledged because the Plaintiff doth not shew the Defendant had any Customers in his charge or who they were or that he had delivered Ale or Beer to them or received any Mony of them Stiles p. 473. Arnold and Floid A Covenant that he and his Executors and Assigns would repair a Mill and alledgeth that the Mill was defective in Reparations and the Defendant his Executors and Assigns did not repair it Def. demurs because he did not alledge that he not his Executors or Assigns did not repair it for if any of them did repair it the Action lies not and per Cur. it is naught But upon motion of the Court the Defendant waved his Demurrer and the Plaintiff amended Crook Eliz. p. 348. Cole and How If the breach of the Condition of an Obligation be ill assigned the Verdict shall not aid this Default Sanders 2 part 179. Hele and Wotton Kerby and Hansaker there cited Though the Action be well brought upon the Obligation yet when it appears the Condition was for performance of Covenants there can be no cause of Action without some Covenant broken and so shall not have Judgment though he hath a Verdict Hob. 14. in Sir Daniel Norton's Case Disability wherein the Obligor hath disabled himself to perform the Condition IF a day be limited to perform a Condition if the Obligor once disable himself to perform this although he be enabled afterwards before the day yet the Condition is broken as if the Condition be to enfeoff me before Mich●mas if before the Feast he enfeoff another yet the Condition is broken 21 E. 4.55 The Condition is if he permit and suffer all his Lands c. to descend remain or revert to such an one his Son immediately after his decease without any Act c. The Obligor ●ells parcel of the same Lands though he purchase them again yet the Obligation is forfeited Benlow n. 34. p. 9. Sir A. Main by an Indenture demiseth Lands to Scot for 21 years and covenants at any time during the Life of Scot upon Surrender of his Lease to make a new Lease c. and an Obligation to reform the Covenants Sir A. Main pleads in Debt upon this Obligation that Scot did not surrender Scot replies that after the said Demise Sir A. M. had accepted a Fine sur omisance de droit come ceo and by the same Fine grant and renders the Land to the Conisee par 80 ans Defendant demurs Per Cur. 1. Sir A. M. by the Fine levied had disabled himself either to take a Surrender or to make a new Lease and so hath broken his Covenant 2. Though the first Act was to be done by Scot viz. the Surrender and Scot may surrender if the term for 80 years be the Interest of a future term yet Scot shall have his Action without making any Surrender for after Surrender Sir A. M. cannot make a new Lease which is the Effect of the Surrender he hath disabled himself 5 Rep. 20. b. Sir Anthony Mains Case Poph. 109. Benl n. 121 125. So if he disable himself to perform it in the same plight as Feoffee on Condition to re-enfeoff grants a Rent-Charge marries a Wife c. this is a forfeiture of the Condition 44 E. 3.9 b. Coke on Litt. But if the Feoffee on a Condition to re-eneoff a Stranger and after another recovers the Land against him by default yet until Execution sued the Condition is not broken 44 E. 3.9 b. One promiseth to perform an Award which is that he shall after deliver an Obligation to another in which he is bound to him without limiting any time when this shall be performed If he bring Debt on the Bond and recover and after deliver the Obligation yet this is not any performance of the Condition for he ought to deliver this as it was at the time of the Award made Tr. 15 Jac. B. R. 1 Rolls Abridg. 447. Nichl● and Thomas If no time is limited if the Obligor be once disabled he is perpetually disabled 21 E. 4.54 b. Vid. Cases del Disability 1 Rolls Abr. 447 448. Conditions to perform particular Covenants To make Assurance TO make such Assurance as Counsel shall advise A Condition to make to the Obligee or his Assigns so good a Lease as Counsel shall advise and the Obligee appoints him to make a Lease to J. S. he must do it for it is not as shall be advised by Counsel Per Coke if the words were he shall make as good a Lease as Counsel shall devise he ought to have brought a Lease drawn by the advise of Counsel 1 Rolls Abr. 424. 1 Rols Rep. 373. Allen and Wedgwood To make such Assurance c. as the Plaintiffs Counsel shall devise it is not sufficient to plead he made such Assurance but that the Plaintiffs Counsel devised such Assurance which he had made Crook Eliz. 393. in Hutchinson's Case One covenants to make such Assurance c. as the Plaintiffs Counsel shall advise and he pleads performance of Covenants he cannot afterwards say Consilium non dedit advisantentum in Specot and Sheer's Case Crook Eliz. 828. The Defendant covenants to assure such Lands by such Assurance as by the Counsel of the Plaintiff shall be devised the Breach assigned in this the Plaintiff caused such an Assurance to be drawn and ingrossed and put Wax to it and required the Defendant to execute it and he refused The Defendant demurs per Cur. it is no Breach because the Plaintiff himself devised it Crook Eliz. p. 297. More versus Roswel On Covenant that before such a day he would make sufficient Estate of Lands to such value to the Plaintiff for term of his Life as by the Plaintiffs Counsel

construe ●e contrary to the express w●ds Vid. a●a 9 H. 7.20.17.22 Conditions ought to be construed according to the intent of the parties if it may constare and Conditions of Obligations are not broken unless the intent be broken A Condition to appear such a day in such a Term and the Obligo● appears at a day in the same Term before the day mentioned in the Condition at the Suit of another Man which is 〈◊〉 appearance in Law for all Suits which shall be commenced against him the same Term yet because this is but an appearance by fiction in Law and not an actual appearance at this day the Condition is broken for peradventure had he appeared actually special Bail might have been required 1 Ro● Abr. 426. Sir Richard Bullers Case If the Lessee of an House covenant not to lease the Shop Yard or other things pertaining to the House to one that sells Coals and after he lets all the House to one that sells Coals he had broken the Condition for he had broken the intent 1 Rolls Abridg. 427. Bonner and Langley A Condition that the Lessee shall not do any wast and the Lesse suffers the House to fall for want of covering and repairing though this is not a Feasance but only a permission yet the Condition is broken 1 Rolls Abr. 428. Qu. The Condition of the Obligation was if the said R. ● shall not at any time or times be aiding or assisting to T. E in any Actions Suits Vexations c. The Plaintiff assigns a Breach that before the Obligation he brought Trespass against the said T. E. and R. T. and that he had Judgment against both and that after the making the Obligation T. E. and R. T. brought Error Per Cur. it is no Breach for it is not the intent no● reason he should be barred to defend himself by joyning with T. E. against the unjust proceedings of the Plaintiff And so if after Verdict the Plaintiff had released and yet took Judgment by Execution they two might have joyned in Audits Que●el Hobart p. 30● 1 Rolls Abr. 429. Lamb and Tompson This is not properly 〈◊〉 Action but a Suit to discharge him of a ●o●tio Action wherein they must joy A Condition if the Plaintiff might quietly take and enjoy Woods sold and if the ground where upon it groweth be four Miles distant from Rye c. then c. The Defendant pleads the Plaintiff had quietly c. and that the said Land by the next high and usual way for Carriages is 4000 Paces from the Town of Rye Per Cur. the intent was that the Plaintiff by selling that Wood should not inour the danger of the Statute of 23 Eliz. c. 4. And it ought to be pleaded that it is every way distant four Miles from Rye and not not by usual ways and the four Miles by 4000 Paces is well 2 Leon. p. 113. Ming● and Barl. The Condition was that if the within bounden J. L. shall happen to dye without Issue of his Body lawfully to be begotten that then if the said J. L. by his last Will or otherwise in Writing shall in his Life time lawfully assure c. The Condition being made in benefit of the Obligor shall have Construction according to the intendment of the parties to be collected out of the words of the Condition and the intention of the parties was that a Conveyance should be made by the Obligor in his Life time by his Will or otherwise of the Lands Jones Rep. p. 180. Eaton and Laughter The Condition if the Obligor pay so much then the Obligation to be void or otherwise it shall be lawful for the Obligee quietly to enjoy such Lands The Defendant pleads quiet enjoyment The Plaintiff demurs for that the Condition depends on the Payment or Non-payment and that concerning the Land is idle Per Cur. Conditions are to be taken according to the intent of the parties if it may constare but as these words then to be void are placed here it cannot refer but to that which precedes and not to the Land which ensues Regula Words in the beginning or end of things refer to all but those in the middle refer ad media tantum as Lease for Life Remainder for Life rendring Rent this goes to both Estates but Lease for Life rendring Rent Remainder for Life aliter Siderfin p. 312. Ferres and Newton In the Condition it was recited that the Sheriff had constituted the Defendant Bailiff of an Hundred within the County If therefore the Defendant shall duly execute all Warrants to him directed then c. Warrants shall only be intended Warrants directed to him as Bayliff o● the Hundred Horton and Day cited 2 Sanders 414. And such only as are to be executed within the Hundred And the Plaintiff must shew the thing to be done was within the Hundred Allen p. 10. S●ang●on and Day mesme Case A Condition that his eldest Son shall marry the Daughter of the Obligee and the Son lye the second Son shall not marry her that was not the intent 27 H. 4.14 When a Man is bound to do or permit a thing he ought to do or permit all which depends upon this in the performance of the thing 11 H. 4. 25. b. 1 Rolls Abr. 422. Collateral things must be done or permitted a Covenant to levy a Fine it shall be at his Costs who levies it A Man is bound to carry my Corn it is no Plea for him to say he had no Cart for he is bound by implication to provide a Cart and all other necessaries for the Carriage So to mow my Grass he must find Instruments to cover my Hall he is bound to find necessary Stuff 16 H. 7.9 A Condition that J. S. shall have ingress into his House he ought to have a common entrance at the usual Door and shall not be put to enter in by a hole backward or by the Chimny nor may the other make a Ditch before the Door If a Man hath Right to a Chamber he must not be barred of his ingress and yet the Doors ought not to stand open at Midnight If I am bound to suffer J. S. to have a Way over my Land if I lock the Gates I have broken the Condition Latch p. 47. Climson and Pool A Condition is to be performed as near as may be The Condition is that J. S. and R. G. shall come in their proper persons before such a Feast to London and to bring two Sureties to be bound with them to the Plaintiff in the Suit contained in the Obligation then c. J. S. dyes yet R. G. must do this and although 〈◊〉 Condition be not performed in the whole yet 〈◊〉 he may perform this by any possibility he must do it 15 H. 7.2 4 H. 7.3 A Condition that he or his Heir shall surrender c. before such a day to the use of the Plaintiffs Executors his Heirs and Assigns c. The Defendant pleads the

should be advised The Defendant pleads he made Estate in Lands of such a va● c. he must shew what Estate was advised and what Land that so there may be an Issue 28 H. 8.1 b. A Condition to make such an Estate to the Plaintiff as his Counsel shall advise and saith Co●c●lium non dedit advisamentum It was a Qua● whether he ought not to say concilium null● dedit advisumentum But it is now setled a good Plea 11 H. 7.23 a. 6 H. 7.4 and need not ●ledge what persons were of his Counsel and that they gave no advise for the Plea is in the negative but if he plead his Counsel gave to him such advice he ought to plead what persons were of his Counsel Then the Replication was that J. W. was of the Plaintiffs Counsel and no more and he made such advice c. which advisement the Plaintiff notified to the Defendant Issue on the Advice 6 H. 7.4 The Defendant by protestation saith that the Plaintiffs Counsel made not any devise and pro placito that he was not required The Plaintiff saith J. S. his Counsel devised a Release and that he required the Defendant to seal it and he refused The Defendant rejoyns he did not refuse it is a departure and the Issue is a Jeofall 28 H. ● Dyer 31. b. The Condition is to make such assurance of this Mannor of D. as the Counsel of the other shall advise and the Counsel deviseth that he shall be bound in a certain Obligation that the other shall enjoy the Mannor peaceably He is not bound to perform this for this is not any assurance within the intent of the Covenant 1 Rolls Abridg. p. 423. part 1. But if a Man be bound to do such Acts for the assurance of the Mannor of D. as the Counsel of the other shall devise and the Counsel adviseth that he shall make an Obligation or Statute that the other shall enjoy this he ought to perform this 1 Rolls Abr. 431. per Poph. To make such assurances of c. as Counsel of c. shall devise and the Defendant by advice of Counsel demanded a Release with Warranty Per Cur. this is not any assurance but a means to recover in value 2 Leon. p. 130. Wy● and Throgmorton If a Man covenant to make such assurance as the Counsel of the Covenatee shall devise of an Annuity of 30 l. and of 300 l. in Mony If the Counsel devise he shall make an Obligation to pay the Annuity and the 300 l. at certain days he is not bound to perform it the Obligation being no assurance of the Annuity 1 Rolls Rep. 423. If A. Covenant to make such assurance for the payment of 100 l. to R. as his Counsel shall devise and his Counsel deviseth that A. shall make an Obligation of 1000 l. for the payment of an 100 l. he ought to perform this Otherwise if it had been to make such reason his assurance as the Counsel of the Covenantee shall devise 1 Roll● Abr. p. 423. A Conclusion to seal such assurance of Copy-hold as should be devised The Plaintiff devised that the Defendant should seal a Letter of Attorny made to one to surrender the Copyhold for him and also seal a Bond for quiet enjoyment The Defendant may refuse for he is not bound to seal the Obligation and after Verdict Judgment was arrested 1 Brownl p. 93. Stamford and Cookes A. covenants with B. to make such reasonable assurance to B. in Fee of such Land reserving to A. and his Heirs 20 s. Rent per annum as the Counsel of B. shall advise and after B. tenders to A. a Deed poll by which A. shall enfeoff B. of Land in Fee reserving the said Rent to A. in Fee this is not any such reasonable assurance to bind A. to seal it for this is a Rent Seck and the Deed belongs to the Feoffee and then A. without the Deed may not have any Remedy for the Rent 1 Rolls Abr. 423. Guppage and Asca● It ought to have been a Feoffment by Indenture rendring Rent Id. ibid. Sect. 7. If the Condition be to make such assurance in Law of certain Lands to the Obligee as by the Counsel of the Obligee upon Request shall be advised and after J. S. was of the Counsel of the Obligee and gives his advice to the Obligee that the Obligor shall make a certain assurance and the Obligee gives notice to the Obligor of the said advice and requires him to perform it he ought to perform it for its more convenient that the Counsel should give the advice to the Obligee than to the Obligor for that the Obligor knows not whether he be his Counsel in this matter 5 Rep. Higgenbotham's Case A Covenant is to make a Lease on such Covenants as the Plaintiff or his Counsel shall advise the Plaintiff must tender this Lease 3 Keble 183. Twiford and Buckly If the Condition be to assure certain Lands to such a person which the Obligee shall name and after he assures this to the Obligee himself it is a good performance though it be not alledged that the Obligee named himself for this acceptance is a nomination of himself 1 Rolls Abridg. p. 424. Husego and Wild. At whose Costs IF the assurances are to be made at the costs of him to whom they ought to be made he may require the assurance to be made by parcels Aliter when the Covenantor is to be at the charges yet there if the party require an assurance of parcel the Covenantor must do it but then he is discharged from making any assurance of that which remains Crook Eliz. p. 681. Washington's Case A Condition to make a sufficient Lease to the Obligee before such a day the same to be made at the costs of the Obligee It is a good Plea that the Plaintiff did not tender the Costs to him and if then that he was ready More n. 72. That the Covenantor at the Costs of the Covenantee would assure such Lands before such a day the Covenantor is to make the assurance what he pleaseth and ought to give notice what assurance he will make and his readiness that the other may know what costs he is to tender Crook Eliz. f. 517. Halling and Connard Who to do the first Act as Notice Request Tender Vid. infra Deseasance of a Statute that if E. M. and his Wife before such a day should make such good assurance of an House to W. with such Covenants as he should accept and signifie under his hand to be reasonable or should pay to him such a day 350 l. then the Statute should be void E. M. in Audita Querela furmiseth that he and his Wife were always ready to have made the assurance and that the Conisee had not signified what assurance he would accept nor required any and yet he had sued Execution Demurrer adjudged for the Defendant For he is not bound to devise any assurance but it is at

his Election to accept the Estate tendred or the Mony and there cannot be an acceptance but where there is a tender on the other part Therefore the Conisor ought to have devised the Estate and procured the Conisee to accept thereof otherwise he ought to pay the Mony Crook Eliz. p. 718. Mills and Wood. A Covenant to make a Lease on such Covenants as the Plaintiff or his Counsel shall advise the Plaintiff must tender the Lease 3 Keble 183. Twiford and Buckly The Covenant is to make a Lease for three Lives before Michaelmas the Defendant pleads that none of the Lives were named by the Plaintiff The Plaintiff demurs Judgment was for the Defendant the Plaintiff must name them 3 Keble 183 203. Twiford and Buckly The Defendant pleads the Condition was if the Defendant make an Estate to the Plaintiff of certain Land before such a day in Fee by Feoffment Fine or otherwise as his Counsel learned in the Law shall advise The Plea was Concilium non dedit advisamentum The Defendant is not bound to request his Counsel to make advice and the advisement doth not come on the part of the Plaintiff but on the part of the Defendant This is not like the Case of Obligors being bound to pay to the Obligee 10 l. or enfeoff him of the Mannor of S. he ought to make tender of the Monies and in the other Case he ough● to tender that he will make a Feoffment because all comes from the Defendant 6 H. 7.4 as in this Case The Plaintiff replies J. S. was of his Counsel and no more and he made such advice which advisement the Plaintiff notified to the Defendant so it is good ibid. If I am bound to make you such an assurance as J. S. shall devise I am bound at my peril to procure notice but if I am bounden to make such assurance as your Counsel shall advise there notice ought to be given to me 1 Leon. p. 105. Case 141. in Atkinsons Case A Condition to perform Covenants Breach assigned whereas the Covenantor covenanted with the Covenantee that he at the costs of the Covenantee would assure such Lands unto him before such a day that the day was past and no assurance tendred by the Covenantor not costs by the Covenantee Per Cur. the Covenantor is to make the assurance and to give notice what assurance he will make and his readiness that the other may know what Costs to tender Crook Eliz. 517. Hallings and Connard The Covenantor ought to do the first act viz. notifie the Covenantee what manner of Estate he will make so that the Covenantee may know what Sum of Mony to tender and it is all one whether the Covenant be general or particular as to make a Feoffment c. and so if nothing were done before the day the Obligation is forfeited 5 Rep. mesme Case 22. b. The Obligor having election what manner of assurance he will make ought first to give notice to the Obligee that he will make such assurance More n. 595. mesme Case W. covenants for himself his Heirs Executors Administrators and Assigns within seven years upon Request to convey to the Plaintiff a Copyhold Estate for life W. dies a Request must be made to his Executors though W. was seised in Fee the Executors are bound to see it done 2 Bulstr 158. Thursdens Case A Condition to perform Articles one was the Defendant covenanted before such a Feast to make to the Plaintiff and his Wife a Demise of c. Hebendum immediately after the death of E. F. for 30 years if E. W. to this assent then Habend after the death of E. F. for 21 years The Defendant pleads E. W. denied his assent and farther that the Plaintiff did not require the Defendant to make him the Lease for 21 years Demurrer and Judgment pro Quer. For the Plaintiff need not make Request but the Defendant at his peril ought to have made the Lease for 21 years before the Feast 1 Anders n. 124. f. 49. Henry Cage versus Tho. Furtho The Condition is if the Obligor make all reasonable Acts c. which shall be for assurance c. to be required by the Obligee before such a day c. a general Request is sufficient Aliter if the assurance were to be advised by the Obligee or his Counsel there he must shew he had required such a particular assurance as Fine c. and as to this the Case was thus The Condition was if the Defendant before M. do make acknowledg and suffer c. all and every such reasonable Acts and things whatsoever they be for the good and lawful assuring and sure making of the Mannor of D. to J. S. and his Heirs that then c. The Defendant pleads that before M. the Plaintiff rationabiliter non requisivit le def ad faciend c. aliqua rationabilia actum acta quae forent pro bona legitima assurantia del mannor de D. c. The Plaintiff replies that such a day before M. he requested the Defendant quod ipse conveiret assuraret manerium de D. al J. S. c. secundum tenorem conditionis And Issue found pro Quer. Moved in arrest of Judgment that there was no sufficient Breach for that the Plaintiff ought to have required an assurance in certain viz. Fine or Feoffment but per Cur. the Condition is broken for by the Condition the Defendant is to do all and every act whatsoever c. so that if the Plaintiff request a Fine Recovery Feoffment Bargain and Sale the Defendant ought to do all but not to make any Obligation or Recognisance for the enjoying the Mannor for that is but collateral Security and not any Assurance Then when the Plaintiff requests the Defendant to convey the Mannor in the generality the Defendant ought at his peril to do this by some kind of Assurance and if upon this Request the Defendant makes a Feoffment of the Mannor yet if after this the Plaintiff request a Fine he ought to acknowledge a Fine also and so upon every several Request Yelv. p. 44. 1 Brownl p. 84. More n. 889. Pudsey and Newsam The Condition was to make an Estate of Inheritance to the Obligee at such a day and place The Defendant pleads he was ready at the day and place to make it c. The Plaintiff demurs Per Cur. ill Plea he ought to have shewed that he gave notice what Estate of Inheritance he would make him Stiles p. 61. Allen p. 24. Brook and Brook 5 Rep. 22. If a Man be bound to make a Conveyance of certain Lands if a Warranty or Covenant be put into the Deed he is not bound to seal it 1 Rolls Abr. p. 424. sect 13. The Condition is to make such Assurance to the Obligee as the Obligee shall devise and after the Obligee deviseth an Indenture and tenders this to him and he requires time to shew it to his Counsel he must seal

by Deed indented leased to the Defendant a Farm called D. except one Close by Name Lessee Defendant was bound in a Bond to perform all the Covenants and Agreements in the said Indenture and pleaded he had performed all the Covenants the Plaintiff assigns for breach that the Defendant entred into the Close excepted the Defendant demurs Per Cur. the Obligation is not forfeited by this disturbance this Exception is not such an Agreement as is within the intent of the Condition it s an Agreement that the Land excepted shall not pass by the Demise but no Agreement that he shall occupy but sometimes an Exception is an Agreement that shall charge the Lessee but this when he agrees on his part that the Lessor shall have a thing dehors which he had not before as except a Way or Common or any other Profit a Prender that is Agreement of the Lessee that he shall have the Profit and if he bound to perform all Covenants and Agreements if he disturb him in this he shall forfeit the Obligation Cro. Eliz. p. 657. Lady Russel versus Gullwell Moor n. 713. id Case In a Lease for years the Defendant Covenants that the Plaintiff should enjoy it during the Term on Demurrer the Case was Tenant pur vie levies a Fine to him in Reversion come ceo c. the uses were to the Conusee and his Heirs on condition to pay to the Tenant pur vic 4 l. per ann during his life and upon default that it should be to the use of the Conusor for his life the Conusee made a Feoffment to the Defendant who leased to the Plaintiff the 4 l. was not paid nor demanded the Tenant pur vie enters on the Plaintiff this is a breach of the Condition without any demand of the Rent for its a Sum in gross and not issuing out of the Land the Covenant is that the Lessee shall absolutely enjoy it and this Condition is properly to be performed by him who hath the Freehold and it was held that this Feoffment had not destroyed the future use which is to arise for non-performance of the Condition Cro. El. 688. Smith and Warren Two make a Lease for years by Indenture and covenants that the Lessee should not be disturbed nor any incumbrance made by them one of the Lessors makes a Lease to a Stranger who disturbs on Bond to perform Covenants it s a breach of the Condition for them shall not be taken jointly Lach. p. 161. Merritons Case Condition of the Obligation was That the Plaintiff should have hold and enjoy Lands acquitted from all Charges and Incumbrances and for breach the Plaintiff shew there was a Rent-charge granted by the Predecessor under whom the Defendant claimed which is yet undischarged the Defendant demurred because the acquittal goes to the having and holding the Land and it s not shewed that the Plaintiff was ever in possession nor that he was charged or endamaged to which Twisden and Keeling agreed but by Windham the Defendant ought to shew how he had discharged and acquitted from the very Rent and not to let it perpetually hang over him but by all the Court if the Acquittal refer to the Land it self or to the Person the Defendant must shew how 1 Keb. fol. 927. King and Standish A Covenant that the Indenture of a Lease at time of the Assignment is a good true and indefeasible Lease and that the Plaintiff shall enjoy c. without the let or interruption of the Defendant or of any claiming by from or under him and shews for breach that before he that made the Lease had any thing one J. S. was seized in Fee and that he which made the Lease entred upon him and disseised and leased prout and that J. S. re-entred upon him upon which Replication the Defendant demurs per Cur. the word indefeasible Lease shall be construed as a distinct Sentence from the last words that he shall enjoy it without the interruption of the Defendant Siderfin p. 328. Gainsford and Griffith 1 Sanders p. 51. Johnson and Vavisor Joyntenants of a Mill by Lease for years Vavisor assigns all his Interest in the Mill to another without Johnsons assent or privity and dies Johnson after recited this Indenture by Lease and that all came to him by Survivorship grants the said Mill and all his Estate Title and Interest to Procter and covenants that he shall quietly enjoy it notwithstanding any Act done by him and Bond of Covenants Act. de Det sur Bond. Johnson pleads that the Plaintiff had enjoyed this notwithstanding any Act done by him Procter replied that Vavisor Joyntenant with Johnson assigned his Estate to J. D. who entred and expelled him The Defendant demurs adjudged against the Defendant for the Grant was never good for he had no power to grant one Moiety and yet he had expresly granted the Mill to Procter And the Condition of the Obligation being to perform all Grants the Grant being defective at the first as to a Moiety which is the Substance of the Agreement of all the Parties this is not qualified by the Covenant ensuing and it is not like to Nokes Cass 4 Rep. for there the Grant was good for the whole and becomes ill by Eviction afterwards and therefore the Covenant ensuing qualified the general Covenant Yelv. p. 175. Johnson and Procter Lit. 206. 1 Bulstr 3 4. A Covenant that the Lessee shall enjoy against the Lessor and all claiming under him The Defendant exhibited a Bill whereby the Lessor appeared to be in Trust and adjudged this was no Breach Selby and Chute cited 2 Keb. 288. 1 Brownl p. 23. The Covenant was if the Defendant sued or troubled charged or vexed the Plaintiff Per Cur. a Suit in Chancery is within the Condition 2 Keb. 288. Ashton and Martin A Condition to surrender a Copyhold and that the Plaintiff shall enjoy this without the let of any claiming under the Defendant and of one Lancelot Simons The Defendant pleaded Surrender and that the Plaintiff had quietly enjoyed this The Plaintiff replies that one Jane Simons claiming under Lanceolet ousts him Demurrer and Judgment pro Quer. The Case was this Copyhold was granted to Patience Hussy for Life the Remainder to Lanceolet S. in Fee and that after and before the Obligation Lancelot surrenders his Remainder to the use of Patience for Life and after to the use of Lancelot and Jane for their Lives and after to Lancelot's Heirs Lancelot and Patience dye and after the Obligation Jane enters The cause of Demurrer was that Jane took nothing by the Surrender for the Surrender to P. H. pur vie was void she having an Estate pur vie before and consequently the Remainders by notice upon this void Estate are void also Dut per Cur. the Estate limited to Jane S. shall be by way of present Estate and mediate Settlement and not by way of Remainder 1 Sanders p. 150. Wade and Balch 2 Keb. 341. Id. Case