case butler against lady SWINNERTON if a husband procure a fine of land to be  levy to himself and his wife and his heir and afterward let the land under a  covenant that the lessee shall quiet enjoy it without disturbance of he his  heir or assign or any other person by his mean or procurement a ouster by the  wife as executrix of her husband be a breach of the covenant SC palm SC roll  Rep Cowp dougl term Rep covenant against lady Swinnerton executrix of sir John  Swinnerton the plaintiff count that sir John Swinnerton in James let to he the  manor of Birchhall in Essex for twentyone year croak throw and covenant that  the plaintiff shall quiet enjoy it during the term without the let or  disturbance of he his heir or assign or of any other person by or through his  mean title or procurement and show for breach that in James Lord Peter by fine  grant that land to the say sir John Swinnerton and to the defendant his wife  and to the heir of the say sir John Swinnerton and that this fine be so levy  by the mean and procurement of the say sir John Swinnerton and that afterward  he make that lease in James to the plaintiff who enter and afterward sir John  Swinnerton make the defendant his executrix and die and the defendant oust he  and so have break the covenant c it be thereupon demurrer and object that this  title which the wife claim be not by any title or mean derive from sir John  Swinnerton nor by his conveyance but by Lord Peter so as she have the estate  immediate from he and she survive shall plead it as a immediate estate to  herself and this covenant do not extend to title paramount the husband but to  title derive under he and after a dyer b dyer c   a say vide Cowp   light b  note and Lord canden judgement in the case of Twisden v lock amblers Rep croak  James er p his estate create vide Edward pl dyer that the survivor shall plead  a estate make to himself only Henry pl Henry pl dyer but all the court hold  that in regard there be a averment although she claim by the conusor yet she  be in and claim by the mean of her husband the lessor for if the husband have  not procure the fine she shall not have have any estate and therefore she be a  person within the covenant who claim by his mean although she claim by title  derive from another and there be not any disturbance by his procurement  because it be after his death wherefore it be adjudge for the plaintiff