chancery report wiseman con roper car f covenant to perform article for the  settle land of which the covenantor have no possession but only a possibility  of descent after a descent decree to be settle accord that the defendant roper  by article between he and sir Thomas wiseman the plaintiff father recite that  whereas there be a marriage late have between the plaintiff nephew of the  defendant roper and whether his wife without the privity consent or good like  of the say Thomas wiseman do as well in consideration of the defendant natural  love and affection to the plaintiff as for the regain of the good will and  affection of the say sir Thomas to the plaintiff and S wife they do covenant  with the say sir Thomas wiseman to convey within one month after the death of  sir Anthony roper the defendant brother unto the plaintiff and whether his  wife or the survivor of they and the heir of the plaintiff the manor of Haber  with the appurtenance reserve a estate to the defendant for his life and that  in case the say manor which be then the inheritance of the say sir Anthony  roper shall be alienate by sir Anthony so that the same shall not descend unto  the defendant then the defendant will assure other land of that value and if  no land of that chancery report value shall descend to the defendant from the  say sir Anthony then the defendant will secure pound to be pay immediate after  the defendant death to the plaintiff or whether his then wife or the heir of  the plaintiff and give a statute of pound for the performance of the premise  that the say sir Anthony in die and the manor of Haber descend to the  defendant but charge with great debt so the plaintiff bill be to compel the  defendant to perform the say article accord to the aforesaid covenant the  defendant insist that the article be voluntary enter into on no consideration  but only to procure a reconciliation between the plaintiff and his father and  that the same be a covenant of one not in possession not have any estate  therein at that time to settle land in case they shall descend unto he whereof  at the time of the covenant he have no power whereby he may charge the same  but a bare possibility in case the say sir Anthony roper do not alien they  this court nevertheless be of opinion that the consideration be good and  sufficient but it be matter of great weight and consequence whether this court  shall give relief to compel a chancery report performance of a covenant of  this nature enter when the covenantor have no power over the land to be settle  for which the defendant insist there be no precedent to be show this court  order precedent to be search for that diverse precedent on both side be  produce and read in court which this court take time to advice of and then  will give their resolution thereon which have do they declare and be of  opinion that the bill be to have the performance of a agreement make by the  defendant himself which appear to be a legal and good agreement this court do  find warrant by the precedent and constant practice of this court where such  agreement have be make upon which the party can only recover damage at law for  this court to decree the thing in specie wherein this court do not bind the  interest of the land but enforce the party to perform his own agreement and  decree the defendant to perform the say article and convey accord Underwood v  swain chancery report er report date chancery report underwood con swain f  will on condition the case be that Philip swain be seize in fee of the land in  question by will devise the same to John swain of Langston his kinsman and his  heir in consideration that he shall pay all his debt and legacy by which will  the say Philip appoint his legacy to be pay within two month after the death  of Sibil his wife chancery report er p who have a estate in the premise for  her life and live about twelve year after the death of the say Philip and in  the mean time marry the plaintiff Underwood who have a estate in right of his  say wife for her life purchase the reversion thereof after the death of the  say John swain of Langston of John swain the son and heir of the say John  swain of Langston the devisee of the say Philip swain and afterward the say  plaintiff Underwood pay the debt of the say Philip and all the legacy except  two five pound to two of the legatee and for nonpayment whereof the defendant  John swain enter on the premise as heir at law the condition be break but  before the say entry the plaintiff Underwood sell the premise to Toby pain and  the say Toby chancery report pain devise the premise to the now plaintiff  Thomas and John pain and die pen this suit which the now plaintiff revive this  case be reduce to this short question videlicet whether a court of equity can  control the law or give relief against a entry make by the heir for the breach  of a condition this court upon view of precedent in case of like nature be  clear of opinion to give relief to the plaintiff notwithstanding the say  forfeiture and decree the plaintiff and their heir to enjoy the premise  against the defendant and their heir