case sir robert Jason versus Elizabeth Jervis widow and all January in court  Lord keeper a covenant that in consideration of pound lie and all claim under  he will convey to b or pay back the money a conveyance be make and then b be  evict by a jointress who claim under a settlement make by her husband the  former owner of the estate b make the jointress his executrix and die a shall  pay back the money and the executrix of b shall have it and her jointure too  Nathaniel Bacon the defendant Elizabeth former husband who head the rebellion  in Virginia be owner of the land in question and contract with the plaintiff  Jason to sell he the land for pound Jason have not money to pay for the  purchase but confess a judgement of pound penalty defeazanced for payment of  the consideration money to Bacon and thereupon Bacon convey the land to he and  one pheasant his trustee Thomas Jervis contract with Jason pheasant and one  Bucknam for the land for pound and Jason pheasant and Bucknam enter into a  statute that in consideration of pound they and all claim by from or under  they or any or either of they will convey the say land unto Jervis and his  heir free from all encumbrance do or suffer by they any or either of they and  that Bucknam who be in possession shall deliver possession unto Jervis or in  default thereof the pound be to be repay Bacon die in Virginia and after his  death his wife and child set up a settlement by which Bacon be only tenant  Vernon chancery case in tail and by virtue of this settlement they evict the  estate from Jervis who afterward die and make the defendant Elizabeth his  executrix for the plaintiff it be insist that although there be a general  covenant to convey yet it be restrain by the special word that come afterward  videlicet free from all encumbrance do by they any or either of they and a  covenant by the word concession may be restrain by a subsequent special  covenant and it appear by the whole contexture of the agreement that the  intent of the party be only that Jervis shall take Bacon title ankle wicker  basket and he by a recovery may have cut off the remainder and have make a  good title and this be a case of very great extremity for the wife of Bacon  and her child run away with the land by virtue of this settlement and she  likewise will have the pound considerationmoney as executrix to Jervis Lord  keeper I take the covenant to convey to be a general covenant and it can be  suppose that when a man buy the inheritance of a estate he intend that those  he buy of shall convey a estate for life only and as to the other objection  that it will be a strange case for Bacon wife to have both the money and the  land too there be no weight in that objection for she have a estate for life  in the land by the settlement and she have the money as executrix to Jervis et  when two jura in to make one to come together with be ac si make real in to  visit vide illustration of this doctrine Acton case Rep a calvin case Rep b  Inst Meredith v Jones post coppin v coppin p wms and where by article make on  marriage of a infant in consideration of pound then pay to the husband a  suitable jointure be to be make on her when of age in bar of dower and she be  to convey her land to be limit to the husband in fee the jointure be settle  and the wife when of age be a party to the deed but she never convey her own  estate nor be she ever require so to do by her husband though her dower exceed  her jointure the husband die and the wife enter upon the settle land hold that  she be not bind by the article nor by her acceptance of the jointure she  therefore keep her own estate and the jointure also Lucy v more mose bro p c  but then the plaintiff counsel press they may be admit to try again the re of  this settlement whether it be not fraudulent the former trial have be in  Bucknams name who be a know cheat and his name cast a odium on the cause  whereupon it be order they shall try it next assize Vernon chancery case in a  ejectment and first against the wife as to her estate for life and then as to  the remainder to the child for if the bind before marriage be only for a  jointure and the settlement go further and entail the land upon the child of  the marriage the settlement may be good as to the jointure and fraudulent as  to the remainder in respect to a purchaser Vernon chancery case er p the bill  in this case state that Bacon apply to the plaintiff be a young heir and  necessitous and propose to sell he the land in question be of the yearly value  of pound and to take security for the payment of the purchasemoney after the  death of the plaintiff father and that thereupon the plaintiff give a  judgement for pound defeazanced for payment of pound at his father death and  thereupon a conveyance ready ingross wherein the name of pheasant be use as  purchaser be a utter stranger to the plaintiff be execute by Bacon and take by  one Bockenham into his custody for the plaintiff use and no trust be mention  in the deed Bockenham then Appius lie to the plaintiff and offer to purchase  the say land of he and upon his pay the plaintiff pound and promise to pay the  full value plaintiff execute a conveyance thereof to he Bockenham give some  security for the payment of the remainder of the purchasemoney and several  encumbrance be set on foot afterward Bacon agree to discharge the aforesaid  judgement and to accept a reconveyance if the plaintiff will undertake to  procure one or else that the plaintiff will pay pound with pound per annum in  lieu of rend in the mean time which the plaintiff undertake to do but before  the say agreement be execute Bacon go beyond sea and die and the defendant  Jervis claim the benefit of the say agreement the plaintiff not have take in  Bockenhams interest nor obtain any reconveyance from pheasant the plaintiff  thereupon give the defendant Jervis a judgement for pound the former judgement  be release defeazanced for the plaintiff put the defendant Jervis within a  time therein mention in quiet possession of the land in question and in the  mean time to pay pound per annum half yearly and make satisfaction for such  damage as shall come upon the premise and in default thereof within three  month after the time at which it be agree possession shall be deliver to pay  pound to defendant Jervis his heir or assign the plaintiff get in Bockenhams  interest and take a reconveyance from pheasant but do not convey to Jervis at  the time appoint but he afterward offer to convey and pay the rend and deliver  possession with reasonable damage which the bill pray he may accept Jervis by  his answer state a purchase by he from Bacon of the premise in question  without any knowledge of the transaction between the plaintiff and Bacon and  payment to Bacon of pound the purchasemoney for the same and that Bacon  covenant that he and his wife will further assure as defendant counsel shall  advice that defendant afterward be inform of the transaction between the  plaintiff and Bacon agree to accept a conveyance from the plaintiff and the  other party on the term mention above and that such agreement be not perform  on the part of the plaintiff and that Bockenham make great waste on the  premise and claim pound and damage the defendant Elizabeth Jervis claim her  jointure out of the land in question under a settlement make by Nathaniel  Bacon thereof on his marriage in consideration of her portion and the court at  the hear declare Jervis to be a good fide purchaser and decree the judgement  to stand for performance of the agreement between he and the plaintiff and  that on payment of the say pound and interest from the time at which the  defendant Jervis be to be let into possession by the term of the agreement  together with the defendant jervis cost to be tax both at law and in equity  the defendant shall reconvey the premise to the plaintiff and on default of  payment the plaintiff bill to be dismiss with cost to be tax and the master be  order to inquire and report whether any and what part of the pound the  defendant jervis purchasemoney be retain by he and for the amount of so much  if any thereof as shall appear to be so retain the plaintiff be to have a  allowance and deduction on the say account d Nov Reg lib a fol but nothing say  in the decree respect the jointure claim by the defendant Elizabeth Jervis on  this decree the plaintiff petition for a rehear principal on the point of the  validity of the settlement when a trial at law be order as state and at that  trial the defendant be to admit the plaintiff to be a purchaser for a full  consideration of the land in question from Nathaniel Bacon Reg lib a fol vide  Brunsden v Stratton pre Ch Vernon chancery case er p