case Goodale against wyet Hilary term Elizabeth roll a condition to pay the  heir c of the feoff be perform by a good fide payment to the heir although the  feoff have make a feoff over but a covinous payment shall not defeat the  estate of the second feoff ante   light more   Ro ab Goulds Poph godb wood con  sheep touch ejection firmce for land in Aylesbury upon a special verdict the  case be that sir John Packington by deed I dent feoff of those land one  Woodliff upon condition that if he pay to the heir executor or administrator  of Woodliff one hundred mark within a year after his death that then paper  proedicta et seisinam superinde deliherate foret vacuan et no one effect S  Woodliff feoff I S thereof and die and within a year after his death sir John  Packington agree with the heir of Woodliff for thirty and two pound to he pay  in satisfaction of the hundred mark nevertheless at the day he pay unto he the  one hundred mark upon his promise heforehand to redeliver all unto he but the  two and thirty pound and the heir then rbturned back unto he all but the two  and thirty pound and hereupon sir John Packington enter upon I S who enter and  let it to the plaintiff croak Elizabeth er p croak Elizabeth Popham although  the one hundred mark be entire pay and so the condition be perform in word yet  circumstance will make it to he no payment nor performance in law for payment  ought to be plain and true but here there be not any true payment of more than  thirty and two pound for of the residue there be not any payment for he that  pay it may thereof have a account against he who receive it and it be as no  payment but quasi a receipt to render a account and to that opinion gawdy seem  to agree gawdy also hold that the money ought to have be pay here to the  assignee for he be the party who be to have the loss and therefore he ought to  have the payment and although he he not name it be not material and for that  purpose v idem Richard quid law Clarnat wherefore they advice the jury to find  this matter special and so they do Qucere yet de Ceo Perkins and after  argument it be adjudge accord for the plaintiff for the reason before specify  note that afterward a writ of error be bring upon this judgement and the error  be assign in point of law and affirm that they be good word of a condition and  that this payment be coHnous be no performance   b