case salt against KIDLEY Trinity term will mary roll or refer to right v  Bucknell b ad in article of agreement execute between a e whereby a let we a  house to e and e agree to pay the rend if b a three person covenant therein  for himself c on behalf of e that the say e shall pay the rend and sign the  deed a action of covenant on nonpayment by e will lie against b SC Carth SC  holt covenant on a deed recite certain article make between a and e and that  one b shall perform all that on his part be to be perform and that these  article be make between a and e but by that deed b do covenant and agree to  pay c that b do not pay and that the defendant have not pay et such to break  off demurrer it be argue that b be no party to that deed and so not bind  though he seal it and it do not appear that b seal it but by way of recital  which be no estoppel vide cro James cro Elizabeth Inst that in case of a  indenture between party none be bind but the party Thompson e contra cite  Edward pl that in a deed and non constat by the book whether poll or indent if  there be a covenant by another man and he seal it he be bind Fitzherbert  obligation though the word be the word shower KB of the lessee yet if the  lessor seal he be bind holt chief justice this do not appear to be a indenture  it be per a certain scribe fact levinz though not a indenture yet if it be  between party it be the same thing as to this and none be bind but the party  those old case which Thompson cite be all of deed in the first person and then  I agree if it be I a do oblige myself and at the end I b do promise c and both  seal both be bind there may be several deed upon one parchment but this can be  so for this be thrust in the amid of all the covenant this can never be take  to be a several deed and therefore b be not bind we be not bind for we be only  to perform what he be oblige to perform and non constat but in the recital  that b seal and a recital in a indenture be no estoppel though it be in the  condition of a bind   light levinz there be another fault it be b hold the  land from the say that day of April to the that of April year proximo and a  breach be assign in nonpayment of rend arrear ad for the tenth time for the  fifth time diem April it be from the thirteenth so that it begin upon the  fourteenth and then it end the fourteenth for there can be two fourteenths in  one year answer if it have be debt for rend it may have be ill but in covenant  to say it be arrear be well enough quaere differentian and limit ad be  exclusive levinz suppose ad exclusive that will not help it for the year end  the thirteenth holt chief justice why can a man oblige himself by a deed if  there be express word for it and he seal it suppose at the end of a indenture  it be and be it know unto all man that a b for himself covenant c and he seal  it why shall not this oblige he a man can take immediate where he be not a  party but where do you find that a man can give without be a party in a and by  the case of Bonafous v walker term Rep which be a action of debt against the  marshal for a escape on the trial of which it appear that the prisoner have be  take in execution on a judgement obtain against he by the plaintiff as  administratrix of the husband on a rule for a new trial it be contend on the  authority of wait v Briggs ld ray that the action ought to have be bring by  the plaintiff as administratrix but the court deny that case to be law and say  the instant the plaintiff recover the judgement it become a debt due to her on  record and be asset in her hand for which it be not necessary to declare as  administratrix shower KB er p deed of feoff a warrant of attorney to a not a  party be good now though former hold to be otherwise general recital be not a  estoppel but a recital of a particular fact be so sand Inst Adjornatur a