coke b robert Bradshaw case Trin Jacob in a action of covenant for a breach of  a covenant contain in a lease for six year if r shall so long live that the  lessor have full power and lawful authority to make the demise the plaintiff  need not show that r be alive at the time of the commencement of the lease or  at the time of the action bring and the plaintiff in assign the breach may  aver general that the defendant have not full power and lawful authority to  demise c without show what person have right title c in the land and tenement  demise at the time of make the lease SC cro James the case in hob appear to he  between the same party and be in the star Chamber but upon entire different  point Vid the entry   Ent Nu John Salmond bring a action of covenant against  Robert Bradshaw in the king bench which begin hill James king rot and declare  that Bradshaw by his indenture Aug year James king demise to the say John  Salmond diverse land and tenement in Stanford in the county of Leicester for  six year if Robert reins son and heir apparent of Nicholas reins shall so long  live and covenant by the same indenture with Salmond that the say Bradshaw  then have full power and lawful authority to demise the premise accord to the  form and effect of the say indenture Salmond for breach of the say covenant in  fact say that Bradshaw at the time of the make of the say indenture have not  full power and lawful authority to demise the premise accord to the form and  effect of the say indenture et such prd robertus assembly svan prd cum eoden  johan in here part non to hold send that inside to break off that c to the  damage of Salmond Bradshaw plead that after the make of the say indenture  there be a concord betwixt he and Salmond that Bradshaw shall pay to Salmond  in full satisfaction and discharge of the say covenant and of all other  covenant in the say indenture which sum Bradshaw pay and Salmond accept accord  Salmond deny the concord upon which they be at issue and find for the  plaintiff and damage assess S d and cost c whereupon Salmond have judgement  for damage and cost in toto to S d upon which judgement Bradshaw bring a writ  of error in camera scaccarii and assign two error for the insufficiency of the  declaration one that the plaintiff Salmond have not aver that Robert reins be  alive at coke a the time of the beginning of the say lease nor at the time of  the action bring et non allocatur for the covenant refer to the time of the  lease make and then be reins alive or dead the action lie for if he be dead  before the lease then the lease be absolute and two he die after the lease and  before the action bring yet the action lie and consideration shall he have  thereof in damage the other error which be assign be that Salmond in his  declaration have not show what person have right title estate or interest in  the land and tenement demise at the time of the make of the say indenture by  which it may appear to the court that Bradshaw have not full power and lawful  authority to demise the premise and so enable himself to a action and to  charge the defendant to answer he damage for the breach of the say covenant  see e pl   a Plowd b e per scot true   light b Cr James Yelv but upon  conference and debate among the justice it be resolve that the assignment of  the breach of covenant be good for he have follow the word of the covenant  negative and it lie more proper in the knowledge of the lessor what estate he  himself have in the land which he demise than of the lessee who be a stranger  to it and therefore the defendant ought to show what estate he have in the  land at the time of the devise make by which it may appear to the court that  he have full power and lawful authority to demise it notam this point adjudge  by both court a Vid send for Hancock v field cro throw Muscot v ballet cro  James Lancashire v glover show Doct pl so where in debt upon bind the  defendant demand oyer of the condition which be to perform covenant one of  which be that the defendant covenant that he be seize of a indefeasible estate  in feesimple and the defendant plead covenant perform the plaintiff reply that  be be not seize of a indefeasible estate in feesimple and the defendant  demurrer general because he suppose that the plaintiff ought to have show of  what estate the defendant be seize in regard he have part with all his write  concern the land in presumption of law and therefore the plaintiff well know  the title and it be not like Bradshaw case because there the covenant be with  the lessee for year who have not the write but it be resolve that the breach  be well assign accord to the word of the covenant and judgement be give for  the plaintiff Glinister v Audley t raym Vid sergeant William note Wotton v  Hlele sand c touch note to Browning v wright Bos pull where upon the grant of  a estate of inheritance the grantor covenant that he be seize in fee the  executor can have a action of covenant for damage upon a breach commit in the  life time of the testator unless there be a eviction in such life time Kingdon  v Nottle I m S but the action shall go to the heir or assignee of the land  although the breach be in the time of the ancestor for as long as the  covenantor have not a good title there be a continue breach Kingdon v Nottle m  S so also the heir may have a action on a covenant for further assurance make  to the ancestor and his heir to who land be convey in fee by husband and wife  where the breach happen in the time of the ancestor king v Jones I marsh SC  taunt SC on error m S qy whether the executor even in the case of a eviction  of his testator can maintain the action the injury be to the real and not to  the personal estate Vid chamberlain v Williamson m S Kingdon v Nottle m S that  where the fact be more proper in the knowledge of the defendant than of the  plaintiff the breach may be assign general Vid gale v read east and the case  there cite a coke report b er p