case smith against warren Hilary term Elizabeth roll a fine levy by a tenant  for life to the reversioner in fee to the use of the conusee and his heir and  upon condition break to the use of the conusor for life and one year over be  not a surrender roll ab bull dyer Leon if a lessor hold his estate on  condition of pay a annuity nonpayment be a breach of covenant for quiet  enjoyment although no demand of it be make and the lessee himself may have pay  it   cro James   light b wood Conv a use limit first to the conusee of a fine  and upon nonperformance of a condition second to the use of the conusor be not  destroy by a subsequent feoff make by the conusee I Leon ante show Cas par  Fearn con Rem Prec Ch Com dig debt on a obligation condition for the  performance of certain covenant in a indenture wherein warren have let land to  smith for year and covenant that he shall enjoy it during the term upon  demurrer the case be that tenant for life levy a fine to he in reversion in  fee sur conusance de law come Ceo c and the use of that fine be limit to the  conusee and his heir upon condition that he shall pay to the tenant for life  annual during his life per annum and if there be any default of payment  thereof that it shall he to the use of the conusor for his life and for one  year over the conusee make a feoff to warren who make that lease for year to  the plaintiff the be not pay nor demand the tenant a see Ann c croak Elizabeth  er p for life enter upon the plaintiff and whether this be a breach of the  covenant be the question first whether this fine levy he a surrender and if so  whether surrender may he to a use?And it be hold that it be not any surrender  for the fine imply a gift in feesimple and every one who be party to a fine  shall he estopped to say the contrary but it be say that if it be a surrender  yet it well may he to a use for it be a conveyance try and charge with this  limitation of a use second whether there be any breach of the condition  without demand of the rend and it be hold that it be for croak Elizabeth it be  not proper rend but quasi a sum in gross and be not issue out of the land for  there be not any place appoint for the payment thereof and therefore the  conusee be bind to seek out the conusor to pay he three in regard it be a  thing wherewith the estate be charge and the lessee may have pay it although  he be not tenant of the freehold because it be in salvation of his estate as  it be agree by all the justice that he may this default of payment be quasi in  he he be tenant in possession whether it he a breach of the covenant whereof  he himself may take advantage?And all the justice except Glanville hold that  it be because there be not any covenant nor apparent intent that the lessee  shall discharge it and the covenantis absolute that he shall enjoy it and this  condition be proper to he perform by he who have the freehold fourthly whether  this feoff have destroy the future use which be to arise for nonperformance of  the condition for if so the entry of the tenant for life be not congeable and  it be resolve that it have not for it be a charge or burden upon the land  which go along with the land in whosesoever hand it come and be limit to the  conusor himself Glanville conceive it to be a condition unto he but if it have  be to a stranger to have arise upon such a condition the nonperformance  thereof have be a spring use unto he for now it be mere a tie and charge upon  the land which be not destroy by the feoff and although it he a future use it  may be well raise upon nonperformance of the condition as it be adjudge in  Bracebridges case a wherefore it be adjudge for the plaintiff