case east Skidmore and foam against VAUDSTEVAN a misnomer of the Christian  name of one of the plaintiff in the defendant plea of a release to a action of  covenant be fatal ld raym a person who name be not mention in the premise of a  deed be not a party to it post Inst roll Cowp covenant for not perform certain  covenant in a indenture hetween the plaintiff master of the good ship of a of  which Rohert Pitman be owner of the one part and the defendant of the other  part and the conclusion of the indenture be in pron  interrog  rei testimonium  the party aforesaid to these present have set their hand and seal and all the  plaintiff and the say Rohert Pitman set their seal to one part and the  defendant to the other part and in the indenture there be diverse covenant to  he perform by the plaintiff and by the say Rohert Pitman to t defendant and e  turning and there be a clause I I the indenture that the plaintiff and the say  Rohert Pitman bind themselves to the defendant to perform the covenant the  defendant plead that the indenture be deliver to the plaintiff and to the say  Thomas Pitman and so mistake Thomas for Rohert plead the release of the say  Thomas of all covenant and thereupon the plaintiff demurrer for two cause the  release be plead by Thomas Pitman whereas no such man be name in the indenture  and this be hold a great mistake and without defence and the roll be command  to he search croak Elizabeth the chief matter be admit the name have be right  plead and that Rohert Pitman have release if this release be good coke argue  that forasmuch that only the plaintiff in the premise of the indenture be  party of the one part and the defendant of the other although Rohert Pitman be  afterward name in the deed it be a void deed as to he and no covenant make to  he or by he be good for he be a stranger to it and his seal and delivery be  not material as if I S by croak Elizabeth er p indenture hetween he of the one  part and I d of the other demise land to I d and a b it be void to a b and he  answer the case put by Godfrey of the other side Edward obligation where a  obligation be make by I S ad mayor rei freedom from care come upon I d  fidejussorem and I d put his seal to it this be his deed which case he agree  for it be not mention who deed it be and so be the deed of both which be name  and put their seal c so when a incumbent grant a rend by the assent of patron  and ordinary and they put their seal to it this be not their deed but only  their agreement to it and the case of Edward pl be upon the same reason of  Edward in mich pound Elizabeth t be adjudge for the plaintiff and the  principal cause be the misnomer which the court hold can not he amend Wray say  they conceive the matter in law to he also for the plaintiff