baker against lade SC Mod Ventris grant of a rend for money and affection bow  it shall operate post replevin avowry for rend and plead a grant of a  rentcharge to another and bring it by diverse mean conveyance to the father of  the avowant in fee and that he be so seize by indenture in consideration of  affection and of pay give grant assign and transpose it to the avowant which  grant be without attornment or other execution have thereupon except only the  seal and delivery of the deed do operate by way of covenant to stand seize to  the use of the avowant whereby and by force of the statute for transfer use  into possession the avowant be seize and for so much in arrear he avow  whereupon the plaintiff demurrer and it be now resolve by the whole court that  here be two consideration express videlicet affection and money the deed may  operate either as a bargain and sale if enrol or as a covenant to stand seize  if duly levinz plead accord to Styl wall versus dixe   Rep b roll Abr Tibb  versus Poplethwayte and cross and Scudamour case pasch car b r rot but it be  resolve by the whole court that the plea that there be no attornment or any  other execution bad thereupon and thereupon plead the special matter and leave  the determination of the law to the court be impertinent and idle it be  resolve by Powell rokesby and Ventris justice that the plead by the word of  the deed devoted to to go away c be sufficient and the court shall adjudge  thereupon accord to what the law will construe upon such word and tLos word  shall amount in this case to a covenant to stand seize to the use of the son  as   Rep fox case where the plea be that be demise grant and to farm let for  year and yet the court there adjudge it to amount to a bargain and sale for  year by way of use but they agree that the avowant here may have plead it as a  covenant to stand seize of the rend to the use of he and his heir and say it  have be llie neater pleading but as it be they ought to adjudge accord to what  the law will operate the executor and the survivor can join in action for the  remedy survive but not the duty salk etian v idem Bac ab Bac ab under a count  for money bad and receive by three defendant the plaintiff can give in  evidence money bad and receive by they and by a four partner who be now dead  term Rep a debt due from the plaintiff as survive partner to the defendant may  be set off against a debt due from the defendant to the plaintiff in his own  right term Rep levinz er p upon the word but pollexfen chief just hold the  contrary and that the plead by the word of the deed be altogether ill and that  the avowarit ought to have plead it at his peril so as he will use it  videlicet that the father coverianted to stand seize to the use of he and his  heir and he resemble it to the case where there be in deed these word give  grant release and confirm there the party in plead ought to rely on one of  they only and for that it be not so do here be hold that judgement ought to be  give for the avowant whereupon a writ of error be bring in b r and there in  mich W m the judgement be reverse for that cause only videlicet the not plead  so as pollexfen hold ut sure levinz of counsel for the avowant but afterward  as I hear the judgement be affirm against the plaintiff which you may now see  in Mod Rep c