case owner russel against GULWEL Hilary term Elizabeth roll jf a lessor  covenant to let certain land except such a close a tortuous entry by the  lessee into the except close be not a breach of a condition to perform all  covenant contain in the lease I roll ab   Carth show more salk Mod Mod comb  vent No nonsuit after demurrer argue ante post debt upon a obligation of  condition for the performance of all covenant article and agreement in such a  indenture betwixt the plaintiff on the one part and the defendant on the other  part on the part of the say Gulwel to he perform and in the say indenture be  contain that the say LadyRussel let to the defendant certain land call  EyfordPastures except a close call Eyfordchurchclose the defendant plead that  he have perform all the covenant c the plaintiff assign for breach that the  defendant enter into the close except and thereof r seize her et si c the  defendant demurrer in law Coventry for the plaintiff move that it be a beach  for the exception be a agreement that the lessor shall retain it for a  indenture be the deed of every the party and therefore the disturbance of the  plaintiff from the occupy thereof be a breach of the agreement and therefore  Henry pi Plowd and Henry pi be that a indenture be as the word of both party  and this case be put in Plowd by Montague that if the lessee disturb the  lessor from enoying the close except it be a breach of the agreement wherefore  c and of that opinion be gawdy for the word in a indenture put in the  generality shall bind both party and shall he take to he the agreement of each  party and to that purpose cite Henry dyer Henry pi that a reservation of rend  be as a covenant on the lessee part Popham and Fenner contra they agree that a  exception be a agreement of the lessee that the land except she will horned  owl pass by the demise but it be not a agreement that he shall not occupy but  sometime a exception be a agreement that shall charge the lessee but that be  where he agree on his part that the lessor shall have a thing dehors which he  have not before as if he let we land except a way or common or any other  profit a prender that be a agreement of the lessee that he shall have the  profit and if he he oblige to perform all the covenant and agreement if he  disturb in this he shall forfeit his obligation for there the lessor have a  interest in the thing except wherefore c afterward it be at another time move  again and Popham say that he have croak Elizabeth confer with the other  justice and the great part of they agree that this exception be not such a  agreement as be within the intent of the co ndition of the obligation and that  the obligation be not forfeit by this disturbance wherefore it be adjudge for  the defendant and here the plaintiff will have be nonsuit and can not because  she appear once in this term and the demurrer be argue wherefore c vide co  croak Elizabeth er p